Chief Justice Cholendra Shumsher JB Rana has questioned whether the court can order for the appointment of any individual with majority in the House of Representatives (HoR) as the prime minister.
During the ongoing debate before the constitutional bench comprising CJ Rana, and justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Anand Mohan Bhattarai at the Supreme Court today, CJ Rana questioned senior advocate Megharaj Pokhrel pleading on behalf of Speaker of the House of Representatives, Agni Prasad Sapkota, whether Article 76 (5) of constitution had such meaning.
“The arguments placed by the writ petitioners mention that they have 146 lawmakers and the court should verify it. Will the court adopting this practice be a good one?” the chief justice further queried.
Chief Justice Rana added that if the restored House of Representatives fails to form a government and is dissolved again then what will happen to the fixed term of the Parliament?
Advocate Pokhrel, however, argued that the Parliament had failed to form a government but Article 76 (5) of the constitution has a provision to elect a prime minister from among the HoR members.
Pokhrel further argued that Article 76 (2) and Article 76 (5) are different because clause 5 mentions that any HoR member who is able to garner a majority in their favour can be prime minister, while clause 2 seeks support of two or more parties.