Kathmandu: Discussion about Writ Petitions submitted to the Dissolution of Houses Bottom Nepal or Representative Council Representative is expected to end in the Supreme Court at this time.
Three senior lawyers will present their counter fight on Monday for appealing to the House of Representatives (HOR) from the government which ends on Sunday.
Senior advocate Shambhu Thapa, Badri Bahadur Karki and Harihar Dahal presented their opposition in the name of the Writ Applicant.
On Sunday, senior advocate and former Attorney General Raman Shrestha began asking for the behalf of the Petitioner Writ and constitutional benches had filed six questions to the Plaintiff.
Justice Ishwor Khatiwada proposed five questions other than those raised by the government; Three of them are focused on the procedure.
Likewise, Cholendra Judge Chairperson Shumsher Rana asked questions to Writ applicants.
Justice Khatiwada asked about documents presented to risk the claim to post the Prime Minister by Writ Applicant in accordance with Article 76 (5) Constitution that did not meet the legal formality.
There is using Tipex everywhere.
It seems that forgery is as if paper is prepared for different purposes submitted.
He also asked about the signature on the petition because there were 146 applicants, but only five signed the document.
“What law allows this? The trial should not be done for such a request because it does not meet the legal formality.
The petition must be dismissed,” said Judge Khatiwada.
“Regarding the establishment of the Constitutional Court, it is not a dispute about the situation such as Article 137 (2) the constitution.
The procedure for resolving a dispute in accordance with 137 (3) has not been fulfilled.” He also asked questions if the applicant’s interpretation of Article 76 (5) the constitution was brought to practice, only this meaning to apply a fewer party systems.
Khatiwada justice also raised the question whether the court was responsible for appointing the prime minister.
“There are constitutional terms to appoint the prime minister and people should not reach a court asking to appoint the prime minister.
Answers related to the above questions are sought from the side of the Writ request before they start their argument.
Likewise, CJ Rana asks if it won’t inhibit The multi-party system based on pluralism as considered in the Constitution if a command is issued as requested by the Petitioner Writ.
Amicus Curiae will lend advice to the constitutional bench after the lawyer completes their counter-arguments.
The Supreme Court has set aside two hours for Amicus Curiae.
With this , a total of four hours has remained for the writing petition submitted against Hor.
A total of 30 WRIT petitions have been submitted against the dissolution of Hor.
A total of 146 Hor Parliamentarians including Bahadur Deuba President Sher Deuba from Nepal Congress (NC) has submitted a petition who demanded the recovery of Hor and Point Deub A as Prime Minister O F Nepal.
Chief Judge Rana has formed a constitutional bench five members under his leadership to hear the writing.
Other judges on the bench include Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr.
Aananda Mohan Bhattarai.
The judge in the bench was the most senior among those who appeared on the list of constitutional benches.
Previously, the constitutional bench has issued orders that reign that advocates must complete their arguments within 32 hours.
Fifteen hours are allocated for advocates on behalf of Petitioners Writ and 15 hours for Prime Minister’s law practitioners and government lawyers.
Likewise, the remaining two hours are set aside for Amicus curiae.
In less than three months of recovery, the Representative Council of Nepalese representative was once again dissolved in May after a political drama that ran high at the nomination of the new prime minister.
President Nepal Bidhya Devi Bhandari on the cabinet recommendation on May 21 dissolved the House of Representatives called for new elections in November.
The President’s office at the time had issued a release that announced the dissolution of the house for the second time in accordance with Article 76 (7) Nepalese constitution, on the cabinet recommendation.
The next selection will be on November 12 and 19 according to the cabinet recommendation.