The Supreme Court has sought details of the political parties that supported Prime Minister KP Sharma Oli during his appointment and floor test last year.
Hearing a petition challenging the legitimacy of PM Oli and his government, a bench comprising Justices Til Prasad Shrestha and Shreekanta Paudel on Tuesday sought details of the parties that supported Oli, who is also the chairman of the CPN-UML, from July 12, 2024, to July 21, 2024.
On July 12 last year, then-prime minister Pushpa Kamal Dahal lost a vote of confidence in the House of Representatives.
Subsequently, a government was formed under the leadership of UML Chairman Oli.
President Ram Chandra Paudel appointed Oli as prime minister on July 14, 2024.
Oli secured a vote of confidence in the House of Representatives on July 21, 2024.
Parties including the Nepali Congress, CPN-UML, Janata Samajwadi Party (JSP), Loktantrik Samajwadi Party, Janamat Party, Janata Samajwadi Party Nepal, and Nagarik Unmukti Party (NUP) supported PM Oli during the trust vote.
While the JSP Nepal did not join the government, the JSP, formed after its split, participated in the government.
On August 2, 2024, the NUP also joined the government, with its lawmaker Arun Kumar Chaudhary appointed as minister of state for culture, tourism, and civil aviation.
Advocate Yagyamani Neupane, who argued on behalf of the petitioner on Tuesday, said that the Supreme Court sought details of the parties that voted in favor of Oli’s confidence motion on July 21, 2024.
The court also sought the whips issued by the Upendra Yadav-led JSP Nepal and the NUP directing their members to vote in favor of Oli’s confidence motion, Neupane added.
“I had argued that this government is illegal and should not proceed, and that a hearing should be held today,” Neupane said during the proceedings.
Questions arose about what a full bench would review if the hearing was held immediately.
Subsequently, the court ordered that the case be prioritized and sent for a full hearing, Neupane added.
Attorney General Ramesh Badal, along with other government lawyers, represented the government during Tuesday’s hearing.
On August 26, a bench of Justices Mahesh Sharma Paudel and Nripadhwaj Niraula had ordered the submission of documents related to the withdrawal of support by the NUP and the JSP Nepal to the government.
The court had also sought the resignation letter of Arun Kumar Chaudhary, who was minister of state for culture, tourism, and civil aviation from the NUP.
The NUP withdrew its support to the government on July 6. As per the Constitution, PM Oli was required to seek a vote of confidence within 30 days.
Similarly, the JSP Nepal withdrew its support on July 15.
While the NUP was part of the government, the JSP Nepal had supported it from outside without joining.
Advocate Birendra KC had filed a writ petition in the Supreme Court on August 21, claiming that the current government had fallen into a minority since PM Oli did not seek a vote of confidence despite the NUP withdrawing its support.
Responding to the petition on August 22, a bench of Justice Sunil Kumar Pokharel issued a show cause order to the respondents directing them to furnish written responses on four issues.
As per 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.
PM Oli, the Office of the Prime Minister and Council of Ministers, Speaker Devraj Ghimire, the Federal Parliament Secretariat, and the President’s Office were named as respondents in the petition.
The petitioner demanded that the president call for the formation of a new government under Article 76 of the Constitution, and sought orders including prohibition and mandamus.
He also sought an interim order, arguing that an unconstitutional government was continuing to operate.
