The Supreme Court has issued a show-cause order in the writ petition filed by the CPN-UML against the formation of the government and the dissolution of the House of Representatives (HoR).
The Constitutional Bench has ordered the defendants to submit a written response within seven days.
The Constitutional Bench, consisting of Chief Justice Prakash Man Singh Raut, Seniormost Justice Sapana Pradhan Malla, and Justices Kumar Regmi, Hari Prasad Phuyal, and Manoj Kumar Sharma, has also ordered the petition to be heard together with other petitions filed previously against the House dissolution and the government formation.
The petition filed by the UML questions the appointment of Sushila Karki as prime minister.
It argues that the Constitution itself prevents a person who is not a member of the House of Representatives or who has served as chief justice of the Supreme Court from becoming prime minister.
The petition contends that Karki's appointment as prime minister is prima facie unconstitutional as it violates Articles 76 and 132 (2) of the Constitution.
The petition also demands the annulment of the president's decision to appoint Karki as prime minister on September 12, her oath of office, and other subsequent appointments.
The UML has demanded that since the government itself is illegal, all its functions, decisions, and appointments should be revoked.
Furthermore, it has demanded that the House of Representatives by reinstated by reversing PM Karki's decision to dissolve the House.
The petition also seeks a mandamus directing President Ram Chandra Paudel to form another government pursuant to Article 76 of the Constitution.
Similarly, it demands a mandamus be issued in the name of the speaker and the Parliament Secretariat to call a meeting of the House after its reinstatement.
