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Supreme Court orders to reinstate HoR


Nepalnews
2021 Feb 23, 18:42, Karhtmandu
A view of the building of the Supreme Court of Nepal. Photo courtesy: Sushan Dhital

The Supreme Court has delivered its verdict in favour of the reinstatement of the House of Representatives (HoR). 

The Constitutional Bench of the Supreme Court led by Chief Justice Cholendra Shumsher JB Rana and including Justices Biswambhar Prasad Shrestha, Anil Kumar Sinha, Sapana Malla and Tej Bahadur KC delivered the verdict in favour of the reinstatement of HoR.

The Supreme Court has concluded that the decision of the PM to dissolve the HoR was against the fundamental norms, values and standards of the Constitution. The decision taken to dissolve the HoR lacks the certain pre-condition envisaged by the Constitution and is against the fundamental norms and values of the Constitution, hence the HoR has to be reinstated, as per the verdict announced by the Constitutional Bench of the apex court today.

The recommendation made to the President on December 20 and the subsequent decision of the President to dissolve the House of Representatives and announce the mid-term election, and all the actions that followed are unconstitutional, and thereby annulled by a certiorari order, the verdict stated.

The constitutional bench has also termed the Prime Minister's decision citing Article 76 (1) and (7) and Article 85 of the Constitution and parliamentary norms and practices by various countries as unconstitutional. 

It has also issued an order in the name of the government to summon the meeting of the House of Representatives within 13 days, considering that the date for summoning the parliament session has changed naturally as the mandatory time-limited has surpassed. 

Prime Minister KP Sharma Oli on December 20 had recommended that the President dissolve the lower house of the Federal parliament and the President approved the PM's recommendation on the same day.

The verdict was delivered today after the hearing on writ petition filed against the dissolution of the HoR began on January 17.

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