Justice Anil Sinha has asked Attorney General (AG) Agni Kharel whether the current government is a majority government or not.
Pointing that the then CPN-UML and CPN (Maoist Center) had contested the general election as two separate parties, Justice Sinha, who is in the five-strong constitutional bench headed by Chief Justice (CJ) Cholendra Shumsher Rana, also told Kharel that the Nepal Gazette said the government was formed as per Article 76(2) of the Constitution.
"If there is not a clear majority of any party according to clause (1), the President shall appoint as Prime Minister the member of the House of Representatives who can have the majority with the support of two or more political parties represented in the House of Representatives," reads Article 76 (2) of the Constitution.
Justice Sinha reminded Kharel, who was pleading in support of the House dissolution, that the two parties were unified only after KP Sharma Oli was chosen the prime minister (PM).
Oli was sworn in as PM on February 15, 2018 but a joint parliamentary party meeting of the two parties elected him the parliamentary party leader only on February 17.
"The Cabinet decision of December 20 states 'I in capacity of the leader of the party with majority (was elected) on 2018-02-15 by President," Justice Sinha pointed. "What is the reason to mention in the Cabinet decision that the parties had unified on 2018-02-15 and he was elected in capacity of the leader of the party with majority at the time? Do clarify."
Kharel was the first to plead justifying constitutionality of the House dissolution by PM Oli on December 20 as the government side started defense of the dissolution from Monday.
