The Supreme Court (SC) has been moved against appointment of CPN-UML Chairman KP Sharma Oli as prime minister (PM) by
President Ram Chandra Paudel as per Article 76(2) of the Constitution.
Advocate Deepak Adhikari, Khagendra Chapagai and Shailendra Kumar Gupta have moved the SC against the invitation by President Paudel to form the new government and the letter issued to that regard, and to stop swearing in of Oli as PM.
The writ petition has been registered by the SC and hearing on the petition will be held on July 21, according to Joint Spokesperson at the SC Govinda Ghimire.
The petitioners have argued that the new PM should be appointed as per Article 76(3) of the Constitution, after Pushpa Kamal Dahal appointed PM as per Article 76(2) of the Constitution could not pass the floor test.
“In cases where no party has a clear majority in the House of Representatives under clause (1), the President shall appoint as the Prime Minister a member of the House of Representatives who can command majority with the support of two or more parties representing to the House of Representatives,” states Article 76(2) of the Constitution.
Article 76(3) of the Constitution has the provision of appointing parliamentary party leader of the largest party in the House as the PM.
“In cases where the Prime Minister cannot be appointed pursuant to clause (2) within thirty days after the date of declaration of the final results of election to the House of Representatives or where the Prime Minister so appointed fails to secure a vote of confidence pursuant to clause (4), the President shall appoint as the Prime Minister the leader of the parliamentary party which has the highest number of members in the House of Representatives,” states Article 76(3) of the Constitution.
