Then-prime minister KP Sharma Oli has submitted his written response to the Supreme Court in the writ petition filed against the dissolution of the House of Representatives.
Oli submitted his reply on Wednesday in the petition registered at the Supreme Court by Yubaraj Safal, Maqbool Miya, and Sher Bahadur Rokaya. Oli has also been named as a defendant in the petition.
The response on Oli’s behalf was submitted by then-attorney general Ramesh Badal.
In his reply, Oli has stated that the very people who benefited from the events of September 9 are the “creators” of those events.
“It is clear that the very beneficiaries of the anarchic situation are its creators. While Nepal’s sovereignty and political power lie with the Nepali people and are to be exercised according to the Constitution, the events that were created confirm that former Sushila Karki and the members of her Cabinet carried out visible and invisible actions to seize state power by creating an anarchic situation,” he said.
Oli said that after an anarchic and abnormal situation was created on September 9, he resigned with the intention of moving the constitutional process forward and forming a new government.
He argued that appointing Sushila Karki without forming a government under Article 76 of the Constitution was a blatant violation of the Constitution.
“The phrase ‘on the recommendation of the prime minister’ used in the appointment of Prime Minister Sushila Karki is itself baseless. On that day, I was the caretaker prime minister of Nepal. I did not and have not given any recommendation or consent to appoint Sushila Karki,” Oli said in his response.
Furthermore, he pointed out that since Article 132 (2) of the Constitution prohibits the chief justice or justice of the Supreme Court from being appointed to any other government office, the current government is unconstitutional.
Oli has also stated that the dissolution of the House of Representatives by Prime Minister Karki after taking oath on September 12 was also unconstitutional.
“Since the very formation of the government was unconstitutional and against the law, any work done by it is also illegal. Therefore, the work done by the prime minister and the Council of Ministers is automatically void. Since the dissolution of the House of Representatives on the recommendation of an illegitimate prime minister is unconstitutional, the decision should be annulled , the House of Representatives should be reinstated, and the constitutional process should be restored. Our party, CPN-UML, has already made a decision on this matter and has publicly stated its position in favor of reinstatement,” he wrote.
