According to the constitution of Nepal, the constitution is the basic law of the country and sovereign power and state power is vested in the Nepali people. There is no one above the constitution. The constitution clearly states that the leaders of the parties elected by the people must work for the country and the people. But the leaders of the political parties have been leaning on the heads of the people and treating themselves as masters and the people as servants. The Supreme Court has slammed Prime Minister KP Sharma Oli’s deceptive politics, undemocratic character, unconstitutional regime and illegal parliamentary proceedings. The decision of the Supreme Court in favor of democracy, democracy, republic, constitutionalism, people and rule of law in the history of Nepal will be written in golden letters on 2078/3/28.
The decision states that the disputed dissolution of the House of Representatives of the Federal Parliament did not appear to be conducive to the democratic ideals, values, constitutionalism and constitutional ethics enshrined in Article 76 and Article 7 of the Constitution of Nepal.
The dissolution did not seem to be conducive to the interpretation of the constitution and the order issued by the Supreme Court on 2077/11/11. Giving judicial recognition to such acts of dissolution seems to have a negative and serious impact on the country’s constitutional system.
The decision taken by the President on 2078/2/7 saying that the claim submitted by 149 people including the Honorable Member of the House of Representatives Shri Sher Bahadur Deuba for the post of Prime Minister could not be met was not found to be in line with the constitution.
According to the decision made by the Hon’ble President on 2078/2/7 that the claim submitted by 149 people including Sher Bahadur Deuba could not be met and then the House of Representatives of the Federal Parliament was dissolved by the Hon’ble Prime Minister on 2078/2/7. As per the recommendation made by the Hon’ble President, the decision of the Hon’ble President regarding the dissolution of the House of Representatives dated 8th June, 2078 BS, all the proceedings including the information and press release issued accordingly are annulled by the order of subpoena and consequently the House of Representatives of the dissolved Federal Parliament is reconstituted.
According to the above case, the session of the reconstituted House of Representatives will be convened within 7 days from today, i.e. 5 pm on Sunday, August 19, 2070 BS.
The Prime Minister appointed under Article 76, Clause 3 of the Constitution of Nepal has not received a vote of confidence from the House of Representatives pursuant to Clause 4 or he has abandoned the process. Sharma Oli’s claim for appointment to the post of Prime Minister as per Article 76, Sub-Article 5 does not appear to be constitutional.
The decision made by Mr. Sher Bahadur Deuba to have the support of 149 members of the House of Representatives for the appointment of the Prime Minister as per Article 76.5 of the Constitution has been reversed as mentioned in the above case.
Now, from the point where there has been an error in the use and observance of the constitution, it seems reasonable to move the process forward in accordance with the constitution. Article 76, Clause 5 of the Constitution of Nepal provides that a member of the House of Representatives may obtain a vote of confidence in the House of Representatives. For that purpose, 149 members of the House of Representatives shall be considered as a basis for obtaining a vote of confidence. As there is sufficient and reasonable basis to do so, accordingly, within two days from today, that is, by 5 pm on Tuesday, July 12, 2078 BS, as per the above, the members of the House of Representatives who have submitted their demands to the Hon’ble President on 2078/2/7 will be appointed as the Prime Minister. An order shall be issued in the name of the Office of the President and the reconstituted House of Representatives of the Federal Parliament to complete the process of obtaining a vote of confidence pursuant to Clause 6 of Article 76.
Pursuant to Article 76, Clause 5 of the Constitution of Nepal, for the purpose of appointing the Prime Minister, as per the Political Parties Act, 2073, no action can be taken against the party for resigning from the post of Prime Minister. Prohibition order shall be issued in the name of the candidates not to take action against any member of the House of Representatives for expressing his / her opinion or voting.
Therefore, a bench of Chief Justice Cholendra Shamsher Rana, Justices Deepak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Ananda Mohan Bhattarai has ruled that the decision of Prime Minister KP Sharma Oli and President Vidyadevi Bhandari to dissolve the House of Representatives for the second time is unconstitutional. The decision is in line with the democratic ideals, values, constitutionalism and constitutional law assimilated by the constitution. The people who hold high positions in the governance system of the country who receive salary allowance from the taxes paid by the Nepali people will have to work for the Nepali people as masters and servants of their people. There is no one above the constitution and the law. Leaders will not be allowed to abuse their position. The ruling clearly states that party leaders do not have the right to rule the people in an autocratic manner.
This is the day of victory for all of us Nepali people who believe in democracy. The court today has truly become a temple of justice. Tomorrow, the court will have to decide its fate in the same way in favor of the people and justice. There is no doubt that the development of Nepal and Nepalies will move forward at a rapid pace. This decision will not give an opportunity to the leaders and activists of KP Oli’s tendency to be undemocratic in Nepali politics. Even then, the game of reaching power on the heads of the people and utterly abusing the taxes paid by the people must be stopped. This decision has given Sher Bahadur Deuba a chance to become the Prime Minister as per the constitution. But because Deuba is a corrupt leader, the history of the past is not good and even now he is not qualified to do a good job according to this constitution. After Deuba gets the vote of confidence, a new qualified young Prime Minister has to be appointed with the consent and cooperation of all parties. Otherwise, the politics of the Nepali Congress will end. Implementation of this constitution by the old party is not possible. The emergence of a new democratic and democratic party has become inevitable for the rapid development of Nepal and Nepalese.
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Advocate, Supreme Court of Nepal.
Kafle & Lawyers Associates
Trade Tower, Thapathali, Kathmandu, Nepal.
