Nepal’s Supreme Court reinstates Parliament, issues mandamus order to appoint Deuba as PM within two days

Apex court says lawmakers can act at their own discretion to form govt as per Article 76 (5)

NL Today

  • Read Time 2 min.

Kathmandu: The Supreme Court has reinstated the House of Representatives. A Constitutional Bench delivered the verdict on Monday.

The apex court also issued a mandamus order to appoint Nepali Congress (NC) President Sher Bahadur Deuba Prime Minister within two days. Deuba had staked a claim to lead a new government pursuant to Article 76 (5) of the Constitution. However, President Bidya Devi Bhandari had dismissed the claim. The court added that lawmakers can act at their own discretion to form a new government as per Article 76 (5).

A five-member Constitutional Bench chaired by Chief Justice Cholendra Shumsher JBR that includes Justices Deepak Kumar Karki, Mira Khadka, Ishwor Prasad Khatiwada, and Ananda Mohan Bhattarai delivered the verdict today.

The bench ordered to summon a meeting of the lower House within seven days.

The order said that KP Sharma Oli’s claim to lead a new government as per Article 76 (5) was not valid as he skipped a floor test as per Article 76 (4).

Legal practitioners and opposition alliance had moved the court after President Bhandari dissolved the House of Representatives at midnight on May 21 and announced mid-term elections to be held in two phases.

The opposition alliance had moved the court with signatures of 146 lawmakers seeking a mandamus order to reinstate the House of Representatives and appoint Nepali Congress President Sher Bahadur Deuba as Prime Minister. Writs were also filed demanding to appoint KP Oli as Prime Minister as per Article 76(5) of the Constitution.

What’s in the order?

  1. The Supreme Court ordered to reinstate the House the House of Representatives and summon a meeting within seven days.
  2. The apex court also issued a mandamus order to appoint Nepali Congress (NC) President Sher Bahadur Deuba Prime Minister within two days.
  3. The court added that lawmakers can act at their own discretion to form a new government as per Article 76 (5).
  4. The order said that KP Sharma Oli’s claim to lead a new government as per Article 76 (5) was not valid as he skipped a floor test as per Article 76 (4).