CPN Chairman Pushpa Kamal Dahal and Senior Leader Madhav Kumar Nepal have started legal consultation about House dissolution by Prime Minister (PM) KP Sharma Oli.
Dahal, Nepal and CPN Spokesperson held discussion with legal practitioners Yuvaraj Sangraula, Tika Ram Bhattarai, Shambhu Thapa and others at the Singha Durbar on Monday.
The practitioners told the CPN leaders that Oli's step is anti-constitutional and urged them to not endorse it. "We told them that there are definite scenarios for House dissolution in the Constitution and it is not House dissolution as none of them exist now. We, therefore, urged them to not endorse it," senior advocate and National Assembly member Ram Narayan Bidari said after the discussion. "President can still be appealed to convene House session as the House has not been dissolved."
Bidari added that all the legal practitioners gave similar advice to the leaders.
Dahal told the lawyers that the leaders will take decision on the issue by Monday evening. "NC has called all-party meeting in the afternoon. We will take collective decision holding a meeting after that," a party source quoted Dahal as telling the lawyers.
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.'
