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Nepal PM Oli says court cannot appoint Prime Minister

Oli said Article 76 of the Constitution entrusts the full and sole responsibility of appointing a PM to the President.

Written by Yubaraj Ghimire | Kathmandu |
June 18, 2021 2:42:02 am
Nepal Prime Minister KP Oli.

Nepal Prime Minister K P Sharma Oli said on Thursday that the Supreme Court could only interpret or explain law and the Constitution, and that appointing the Prime Minister was not in its jurisdiction.

In a lengthy written response submitted to the court after it sent a notice to the Prime Minister in a petition challenging the legality of his appointment by President Bidya Devi Bhandari following the dissolution of the House of Representatives, Oli said Article 76 of the Constitution entrusts the full and sole responsibility of appointing a PM to the President.

A five-member Constitutional Bench headed by Chief Justice Cholendra Shumsher Rana had issued show cause notice to Oli and Bhandari as it considered the petition that seeks to have opposition leader Sher Bahadur Deuba appointed Prime Minister in place of Oli on the grounds that the latter was appointed illegally on May 23, minutes after the dissolution of Parliament.

The petition is signed by 149 members of Parliament, after their written pledge of support to Deuba — which would have given him an absolute majority in the 271-member House — was rejected by Bhandari.

Oli , in his response, said he did not bother to seek a vote of confidence in the House since he was sure he would not get it, and so he opted for the dissolution of the House. But at another point in his response, he argues that he had submitted separate letters to the President on behalf of different parties together forming 153 members in conformity with the belief that members acted as per the decision of their parties.

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