Thirteen petitions have been submitted at the Supreme Court (SC) against the invitation of President Bidya Devi Bhandari for formation of new government under Article 76(5) of the Constitution giving a deadline of five Friday afternoon.
Chief of the writ petition division at the SC Baburam Dahal told Setopati that the petitions could not be registered on Friday due to lack of time. "We studied all the petitions. Three were brought going beyond the jurisdiction. We have asked to correct and bring them back. The office time finished while doing this. They will be registered Sunday," Dahal stated.
Advocates including Kapil Dev Dhakal, Santosh Bhandari, Raj Kumar Suwal, Ram Bahadur Shahi and others have taken separate petitions. "I have submitted writ petition arguing that another government cannot be formed when the prime minister is serving. The SC administration has started registration process," Shahi told Setopati.
The petition claims that the invitation for formation of new government under Article 76(5) of the Constitution is unconstitutional. "The PM should either resign or should fail the floor test for formation of new government. Invitation for government formation cannot be made without the post of PM being vacant," he said. "My petition also mentions that President has not fulfilled her responsibilities as per Article 61(4) of the Constitution."
Issuing a statement Thursday evening, the President's Office said invitation has been made for formation of the new government under Article 76(5) of the Constitution after the prime minister (PM) informed that the government formed under Article 76(3) of the Constitution does not have grounds to pass the floor test. She invited parties to form the government as per 76(5) without PM KP Sharma Oli flunking the floor test or him resigning.
