“None but only PM appointed as per Article 76(5) can dissolve parliament"

KATHMANDU, June 25: Senior advocate Mukti Pradhan has claimed that only the prime minister appointed in accordance with Article 76 (5) can dissolve the House of Representatives (HoR). 

While taking part in the ongoing debate on the writ petitions filed against the dissolution of the HoR in the constitutional bench, on behalf of the writ petitioner, Pradhan claimed that Prime Minister KP Sharma Oli, who was appoitned as per Article 76 (3), could not recommend to the president for the dissolution of the lower house of parliament. 

"He [PM Oli] lost his capacity to stake claim to the prime ministerial position as per Article 76 (5) by the time he lost a vote of confidence" he said. 

He also argued that the tasks performed by the president undoubtedly fall under the jurisdiction of the court and are the subjects to the judicial review. 

“The response submitted from the Office of the President is not justifiable. As KP ​​Sharma Oli and Sher Bahadur Deuba claimed for the new government as per Article 76 (5), the president's decision not to appoint either of them as prime minister is purely unconstitutional and immature.”'

Click here to read the news in detail.