Published 10:16 IST, February 24th 2021
Nepal's Supreme Court reinstates dissolved Parliament; un-does & rolls-back KP Oli's moves
In a major setback to KP Sharma Oli, Nepal's Supreme Court on Tuesday overturned the Prime Minister's Dec 20 decision to dissolve the House of Representatives
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In a major setback to KP Sharma Oli, Nepal's Supreme Court on Tuesday overturned the (now) caretaker Prime Minister's December 20 decision to dissolve the country's House of Representatives and asked authorities to summon a meeting of the Parliament within 13 days. In a landmark ruling, a five-member constitutional bench led by Chief Justice Cholendra Shumsher annulled the Oli government's "unconstitutional" decision to dissolve the 275-member lower house of Parliament.
Nepal's House of Representatives reinstated
The country's top court has also decided to cancel all decisions that the incumbent K P Oli government took after December 20, the day when the House of Representatives was dissolved. As many as 13 writ petitions including the one by the ruling party's Chief Whip Dev Prasad Gurung were filed in the apex court seeking the restoration of the lower house of Parliament.
According to The Himalayan Times, the court had summoned all the writ petitioners for the final verdict. The Constitutional bench comprising Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Malla and Tej Bahadur KC conducted a hearing on the case from January 17 to February 19.
Nepal plunged into a political crisis on December 20 after President Bidya Dev Bhandari dissolved the House and announced fresh elections on April 30 and May 10 at the recommendation of Prime Minister Oli, amidst a tussle for power within the ruling Nepal Communist Party (NCP).
In his letter recommending President Bhandari that the House be dissolved, Oli had argued that he controlled 64% of the majority in the House, that there was no possibility of forming a new government and that the country needed a fresh mandate of the people to ensure stability.
Oli's move to dissolve the House sparked protests from a large section of the NCP led by his rival Pushpa Kamal Dahal 'Prachanda', also a co-chair of the ruling party. Oli repeatedly defended his move to dissolve the House, saying some leaders of his party were attempting to form a "parallel government". He said that he took the decision as he enjoyed the inherent power as the leader of a majoritarian government.
Last month, the Prachanda-led faction of the NCP expelled Prime Minister Oli from the general membership of the Nepal Communist Party for alleged anti-party activities. Earlier in December, the splinter group Oli, one of the two chairmen of the ruling party, as the co-chair. Former Prime Minister Madhav Kumar Nepal was named as the party's second chairman. Prachanda is the first chairman of the party.
The Prachanda-led faction of the NCP and main opposition Nepali Congress had been opposing the dissolution of the House, saying it was unconstitutional and anti-democratic. The Prachanda-led faction had been holding protest rallies and public gatherings in various parts of the country.
Oli-led CPN-UML and Prachanda-led NCP (Maoist Centre) merged in May 2018 to form a unified Nepal Communist Party following the victory of their alliance in the 2017 general elections. After a vertical split in the ruling party following the dissolution of the House, both the factions, one led by Oli and another led by Prachanda, submitted separate applications at the Election Commission claiming that their faction is the genuine party and asked to provide them with the election symbol of the party.
(With agency inputs)
10:16 IST, February 24th 2021