Former CJs call PM’s move unconstitutional, Kamal Thapa resents their act
Kathmandu. Four former chief justices (CJs) of the country have called the dissolution of the House of Representatives (HoR) an unconstitutional move. The opinion of the former CJs comes at a time when the hearing against PM KP Sharma Oli’s action of dissolution of the HoR is being carried at the Supreme Court (SC).
Issuing a press release on Friday, former CJs Min Bahadur Rayamajhi, Anup Raj Sharma, Kalyan Shrestha and Sushila Karki had stated PM Oli’s move to be unconstitutional.
Their joint statement reads: “Article 76 of the Constitution has not provisioned for the right to dissolve the HoR in any other condition except while or for the purpose of forming the Council of Ministers. The dissolution of HoR has been carried referring to a non-applicable Article.”
They have added that nobody can create such right themselves.
Meanwhile, Chair of Rastriya Prajatantra Party (RPP) Kamal Thapa has shown his dissatisfaction over the press statement of the four former CJs regarding the HoR dissolution. He has stated that no one or no side should act as to put pressure on the issue being heard at the court.
He has used his Twitter handle on Saturday to express his concern: “It is the responsibility of the Supreme Court to resolve complications and disputes that arise during the implementation of the Constitution. There is some ambiguity in the Constitution regarding dissolution of HoR, which the SC needs to define. From no sides should there be activities to affect or pressurize the issue under consideration at the court.”
संविधान कार्यान्वयनमा देखिएका विवाद/अस्पष्टताको निरूपण गर्ने अधिकार सर्वोच्च अदालतको हो।प्रतिनिधिसभा विघटन सम्वन्धि संवैधानिक प्रावधानमा केही अस्पष्टता छ।सो अस्पष्टता हटाउन सर्वोच्चले व्याख्या गर्नुपर्ने अवस्था छ।अदालतमा विचाराधिन विषयमा दवाव/प्रभाव पार्ने काम कतैबाट हुनु हुंदैन
— Kamal Thapa (@KTnepal) January 9, 2021
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