The Supreme Court has summoned both sides for a discussion on a writ petition filed claiming that the government has fallen into a minority after Prime Minister KP Sharma Oli failed to seek a vote of confidence.
On Friday, a single bench of Justice Sunil Kumar Pokharel summoned both sides to discuss why an interim order should not be issued in this matter.
According to Nirajan Pandey, the Supreme Court’s information officer, both sides will appear in court for discussions on August 27.
Additionally, the court has issued a show-cause order to the respondents – PM Oli, the Office of the Prime Minister and Council of Ministers, Speaker Devraj Ghimire, the Federal Parliament Secretariat, and the President’s Office.
“The respondents have been ordered to explain what has happened in this case,” Pandey said.
Advocate Birendra KC had filed the petition on Thursday, claiming that PM Oli is currently leading only a caretaker government and demanding the initiation of the process to form a new government.
According to Article 100 (2) of the Constitution, if a party participating in the government withdraws its support, the prime minister must table a motion for a vote of confidence in the House of Representatives within 30 days.
The Janata Samajwadi Party (JSP) Nepal, led by Upendra Yadav, withdrew its support to the government on July 15, while the Nagarik Unmukti Party (NUP) withdrew its support on July 6.
“Since the supporting parties withdrew their support and the prime minister failed to table a motion for a vote of confidence within 30 days, the current Council of Ministers has lost its constitutional legitimacy. Therefore, according to Article 77 (1) (b) of the Constitution, the posts of the prime minister and ministers are now vacant,” the petition stated.
It argued that, given the caretaker status of the current government, the president should call for the formation of a new government under Article 76 of the Constitution.
The petition sought orders, including prohibition and mandamus, to facilitate the formation of a new government under Article 76.
Also, it demanded an interim order, claiming that an "unconstitutional government" is continuing to operate.
The petition demanded that the current government led by PM Oli be declared a caretaker government with necessary constitutional interpretation, and that the Oli-led government be prohibited from making far-reaching or policy-related decisions beyond routine operations.
On Friday, Senior Advocate Ishwari Bhattarai and others appeared in the Supreme Court to argue on behalf of the government. During the discussion, they also submitted a letter that the NUP had provided to the Federal Parliament Secretariat on August 15.
The letter stated that the NUP had reinstated its support to the government, and also requested the annulment of the letter dated July 6 regarding the party’s decision to withdraw its support.
In response, Advocate Yagyamani Neupane said that a vote of confidence must be sought within 30 days of the withdrawal of support to the government by a party. He noted that the letter submitted after the 30-day period had no validity.
The court then summoned both sides for a discussion on whether an interim order should be issued in the case.
