The Supreme Court has ordered the submission of documents related to the withdrawal of support by the Nagarik Unmukti Party (NUP) and the Janata Samajwadi Party (JSP) Nepal to the government led by KP Sharma Oli.
According to a Supreme Court source, a bench of Justices Mahesh Sharma Paudel and Nripa Dhwaj Niraula issued an order on Wednesday to submit documents concerning the withdrawal of support to the government by the NUP and JSP.
Additionally, the court has sought the resignation letter of Arun Kumar Chaudhary, who was the minister of state for culture, tourism, and civil aviation from the NUP in the Oli-led government.
The Supreme Court had summoned both parties for a discussion on Wednesday to determine whether to issue an interim order in the case. During this discussion, the court ordered submission of the related documents.
The NUP, led by Ranjita Shrestha, withdrew its support to the government on July 6, after which PM Oli was required to seek a vote of confidence within 30 days according to the Constitution.
Similarly, the JSP Nepal, led by Upendra Yadav, withdrew its support on July 15.
While the NUP was part of the government, the JSP Nepal was not but had been providing external support.
Advocate Birendra KC filed a writ petition in the Supreme Court on August 21, claiming that the government had fallen into a minority since PM Oli did not seek a vote of confidence within 30 days after the NUP withdrew its support.
The petition named PM Oli, the Office of the Prime Minister and Council of Ministers, Speaker Devraj Ghimire, the Federal Parliament Secretariat, and the President’s Office as respondents.
On August 22, a bench of Justice Sunil Kumar Pokharel issued a show-cause order to the respondents. The court ordered them to furnish responses on four issues within 15 days.
According to Article 100 (2) of the Constitution, if a party participating in the government withdraws its support, the prime minister must seek a vote of confidence within 30 days.
The petition 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.
