Eight writ petitions have been taken to the Supreme Court (SC) challenging House dissolution and announcement of election by President Bidya Devi Bhandari on recommendation of Prime Minister (PM) KP Sharma Oli on Sunday.
Chief of litigation department at the Apex Court Baburam Dahal told Setopati that five petitions have arrived to him for registration by Monday noon while three more are in the process of submission. "All petitions are in process of registration. We will take decision after studying them and completing due procedures," he added.
Three petitions by advocate Lokendra Oli and others were submitted to the SC Sunday itself but were not registered.
The Constitution does not have clear provision about House dissolution. Article 85(1) of the Constitution states 'Except when dissolved earlier, the term of House of Representatives shall be five years.'
Some constitutional experts argue that the Constitution envisions House dissolution due to the use of term 'dissolved earlier'. But others argue that the provision has been kept for the situation of inability to choose the PM.
Article 76(7) states 'If the Prime Minister appointed according to clause (5) fails to get the vote of confidence or if any member fails to be appointed as Prime Minister, the President shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.'
PM Oli had opted to recommend for House dissolution at a time the overwhelming majority of the party was preparing to remove him despite lack of any provision allowing him to do so in the current scenario. But President Bhandari dissolved the House and announced that the next election will be held in two phases in April and May 2021 .
