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Supreme Court Shows Oli the Door Constitutional Bench Orders Nepali Congress President Deuba’S Appointment As Prime Minister and Reinstatement of the House

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Supreme Court Shows Oli the Door Constitutional Bench Orders Nepali Congress President Deuba’S Appointment As Prime Minister and Reinstatement of the House WI THOUT F EAR O R F A V O U R Nepal’s largest selling English daily Vol XXIX No. 145 | 8 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 33.8 C 16.4 C Tuesday, July 13, 2021 | 29-03-2078 Simara Jumla Supreme Court shows Oli the door Constitutional Bench orders Nepali Congress President Deuba’s appointment as prime minister and reinstatement of the House. Legal experts say the court verdict is a victory of rule of law, constitutionalism, independence of judiciary and democracy. TIKA R PRADHAN Article 76 (5), as called by her, is KATHMANDU, JULY 12 unconstitutional. Oli on May 20 recommended The Supreme Court on Monday, in that the President invoke Article yet another landmark verdict, 76 (5) which says in cases where overturned Prime Minister KP the prime minister appointed Sharma Oli’s May 21 decision to under Article 76 (3) fails to obtain dissolve the House of a vote of confidence under Article Representatives and ordered 76 (4) and any member under appointment of Sher Bahadur Article 76 (2) presents a ground on Deuba, Nepali Congress president, which he or she can obtain a vote as prime minister by 5pm Tuesday. of confidence in the House, the The five-member Constitutional President shall appoint such mem- Cholendra Shumsher Rana Deepak Kumar Karki Mira Khadka Ishwar Khatiwada Ananda Mohan Bhattarai Bench led by Chief Justice ber as prime minister. Cholendra Shumsher Rana said Oli’s recommendation came a that Oli’s claim to the post of week after he was appointed prime prime minister as per Article 76 minister under Article 76 (3) fol- (5) was unconstitutional. lowing his failure to win a vote of Reinstating the House yet confidence on May 10. again–the court had restored the Accordingly, Bhandari had House earlier on February 23 after given until 9pm May 21 to form a Oli dissolved it on December 20– new government under Article 76 the bench has ordered to make (5). When Deuba laid claim to the arrangements for holding the post of prime minister with the House meeting by 5pm July 18. signatures of 149 lawmakers, including 26 from Oli’s CPN-UML, Oli too made a similar claim say- EDITORIAL | PG 4 ing he had the support of 153 law- makers. The judiciary has rescued “As the prime minister appoint- Nepal’s parliamentary ed as per Article 76 (3) of the con- democracy and averted a stitution did not seek a vote of constitutional disaster. confidence from the House of Representatives, or as he forewent that process, and as he cannot Monday’s court verdict is present a claim to be appointed expected to end months of politi- prime minister as per Article 76 cal turbulence, but experts on con- (5), a claim by Oli, who could not stitutional matters said the bench their short-term political gains, the victory of the rule of law, con- vis–whether the President’s has to have the party backing to get the vote of confidence, to form has minutely examined various according to experts. stitutionalism, independence of actions come under a judicial support a candidate for the post of a government as per Article 76 (5) issues raised in the aftermath of “This verdict has ensured the judiciary and democracy.” review, whether Article 76 (5) gives prime minister under Article 76 does not conform to the constitu- the May 21 House dissolution so as constitution’s longevity, and with The Constitutional Bench, con- the President discretionary pow- (5), who should–the President or tion,” the bench observed. “The to help understand the constitu- a strongly worded verdict, the sisting of Cholendra Shumsher JB ers or constitutional authority, the Parliament– test the basis of a decision that the claim of Sher tion. court has told the authorities to Rana, Deepak Kumar Karki, Mira and if a prime minister elected majority claim, and whether there Bahadur Deuba to be appointed The court verdict primarily has stop making a mockery of the con- Khadka, Ishwar Khatiwada and under Article 76 (3) can stake a was any malafide intention in dis- prime minister saying he has the saved the constitution from unrav- stitution,” said Bhimarjun Ananda Mohan Bhattarai, in its claim to the post again under solving the House. support of 149 members of the elling, and it has also set a prece- Acharya, an advocate who special- 167-page full text of the verdict has Article 76 (5) despite failing a con- In its order, the bench said House of Representatives is insuf- dent for future prime ministers– ises on constitutional law. “Today’s paid fastidious attention to some fidence vote. President Bidya Devi Bhandari’s ficient has been quashed with this that they cannot dissolve the ruling has brought the constitu- pertinent questions raised by the Similarly, the court has also decision to reject Deuba’s claim to order of certiorari.” Parliament on a whim and for tion back on track. All in all, it is May 21 House dissolution vis-a- looked into whether a lawmaker form a new government under >> Continued on page 2 POST PHOTO: KABIN ADHIKARI Women browse potey (bead strings) at Indrachowk, Kathmandu on Monday in preparation for the upcoming holy month of Shrawan. Mondays of Shrawan, which starts Friday, are considered especially auspicious as Hindu women observe fast and visit Shiva temples. Court verdict raises serious moral question for President Bhandari As Supreme Court restores House, it says Head of State’s actions are subject to judicial review and that it is the judiciary’s responsibility to correct any unconstitutional moves. BINOD GHIMIRE judicial review. of the separation of power, control KATHMANDU, JULY 12 It said as the President performs and balance,” reads the verdict. his/her duties on the recommenda- Constitutional experts say Monday’s In its written clarification presented tion of the government and within set verdict is a huge blow to the arbitrary to the Supreme Court on June 17 on constitutional provisions, the moves by President Bidya Devi the dissolution of the House of Constitutional Bench cannot review Bhandari and she has lost the moral Representatives and the announce- the President’s decision. ground to continue in office. ment of midterm elections in The Office of the President was one “The court has clearly said there is November, the Office of the President of the defendants of the 30 writ no immunity to the President’s had argued that the President’s petitions against the May 21 House actions,” Balaram KC, former justice decisions cannot be a subject to dissolution. at the Supreme Court, told the Post. However, while issuing its ver- “The verdict has established that the dict on the writ petitions, the President’s moves were a fraud on the Constitutional Bench said that it constitution. Bhandari now has lost becomes the responsibility of the moral ground to remain in the the Supreme Court to correct position.” actions of the President when President Bhandari on June 21 they do not adhere to the consti- rejected the claim of Nepali Congress tution. President Sher Bahadur Deuba to “The action taken by the form the government saying that President falls under the execu- his claim was insufficient although tive function. In such a situa- 149 members of the 275-member tion, if the President’s moves are House of Representatives had kept out of the judicial review it supported his bid. will be an attack on the principle >> Continued on page 2 C M Y K TUESDAY, JULY 13, 2021 | 02 NATIONAL As many as 42 houses at high risk of landslide in Thulogaun, Rolpa Several settlements in Rolpa Municipality are prone to landslides every monsoon but nothing has been done to prevent this yearly crisis, local people say. KASHIRAM DANGI administration are well aware about ROLPA, JULY 12 what’s been happening here. But no one has come forward with help,” said As many as 500 people of 42 house- Ramsur Pun, a resident of Dhabang. holds in Thulogaun, Rolpa Chief District Officer in Rolpa Municipality-10 of Lumbini Province Nawaraj Sapkota said the District are at high risk of landslides. Administration Office has been “The tightly clustered houses at informed about the threat of land- Thulogaun are at risk of being buried slides in Dhabang. by landslides. When it rains, the vil- “We have discussed with the securi- lagers run to safer places,” said Sher ty agencies and the representatives of Bahadur Thapa, a ward member of the Disaster Management Committee Rolpa-10. to prepare for possible landslides,” he POST PHOTO: KUMBHA RAJ RAI According to him, the mayor and said. “We are also conducting a field Rice paddies are prepared for transplantation in Siddhicharan Municipality, Okhaldhunga district. the chief district officer have been study in Dhabang. Families at high informed about the risk of landslides risk of landslides can be shifted to in the settlement but the authorities local school buildings or in communi- are yet to respond. ty buildings for safety.” A massive landslide had struck the village in June last year. The land- Court verdict raises serious Lack of internet affects mass below the settlement has devel- Many settlements oped several cracks since then. “The landslide last year damaged in wards 5 and 6 are moral question for President ... Humla students roads, foot trails and a drinking water project and swept away several most vulnerable to >> Continued from page 1 CHHAPAL LAMA but also those pursuing studies ropanis of cultivable land,” said In the rejection, the statement of the HUMLA, JULY 12 in cities outside the district.
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