Chief Justice (CJ) Cholendra Shumsher Rana has assigned all 12 writ petitions filed against the House dissolution to his bench for hearing.
Eleven petitions were filed on Monday and two on Tuesday. One of the two filed on Tuesday was registered with the constitutional bench. CJ Rana has scheduled the one registered in the constitutional bench for hearing on Friday and will hear all the remaining 12 on Wednesday himself.
Constitutional disputes can be registered with both regular bench and constitutional bench. But cases related to the same dispute are heard together. CJ Rana, may, therefore, transfer the 12 petitions to the constitutional bench.
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.'
