The Supreme Court (SC) has revoked the decision of Prime Minister (PM) KP Sharma Oli to dissolve the House of Representatives (HoR).
The five-strong constitutional bench led by Chief Justice (CJ) Cholendra Shumsher Rana on Tuesday has unanimously ordered House reinstatement after two months of hearing. It has also issued a mandamus ordering that the House session be convened within 13 days.
"The statement recommended by prime minister on December 20 and issued by the president after endorsement has been revoked in a way that it is constitutionally and legally void as it is unconstitutional since there is no pre-existing constitutional condition of the prime minister of majority formed in accordance to the Article 76(1) dissolving the House as per Article 76(7)," CJ Rana stated reading the verdict.
President Bidya Devi Bhandari had dissolved the House on recommendation of the Cabinet on December 20.
CJ Rana on December 25 had constituted the constitutional bench comprising himself and Justices Hari Krishna Karki, Bishwambhar Prasad Shrestha, Anil Kumar Sinha and Tej Bahadur KC.
He replaced Karki with Sapana Pradhan Malla after Karki, who was attorney general when Oli first became prime minister five years ago, recused himself from the case.