Kathmandu: The office of the President has sent a 14-point written response to the Supreme Court in regard to the HoR dissolution.
In the response sent to the SC through the Office of the Attorney General, it is stated that the President has the right to decide on the bases whether the Prime Minister can obtain a vote of confidence as per Article 76 (5) of the Constitution of Nepal.
“As per Article 76 (5) of the Constitution of Nepal, bases of PM’s vote of confidence have been stated. Such an act can take place only from President Bidya Devi Bhandari and the same had happened.” In the capacity of the Head of the State, the President’s acts taken in line with Article 76 of the Constitution of Nepal won’t fall in the legal jurisdiction and are not the subject of judicial review, the written response stated.
The response of the Office of the President has mentioned the reasons why the President rejected the claims made by CPN (UML) Chairman KP Sharma Oli and Nepali Congress (NC) President Sher Bahadur Deuba for the prime minister. On Deuba’s claim for premiership, only the decisions of two political parties were submitted and the political party’s affiliation of some lawmakers was not ascertained, according to the response.
In the written response, the President stated that the lawmakers who had extended support to KP Sharma Oli were also seen supporting the other candidate. In the given context, the support to the prime minister’s candidates were misappropriated on the basis of political morale and discipline and the President took such a decision as both the claims were not trustworthy on constitutional ways for getting vote of confidence.
Furthermore, it said that there is no right to raise questions on the work execution performed by the President while discharging duty as per the Constitution of Nepal and federal laws. “The decisions and work execution carried out by the President as per the constitution cannot be scrapped from the court. And, mandamus order meant to appoint someone as the prime minister should not be issued. It is clear that making such a demand in itself is against the Constitution,” the response from the Office of the President claimed.
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