SC schedules hearing on petition challenging PM Oli’s appointment

Kathmandu, August 14: The Supreme Court has scheduled a hearing for the petition challenging the appointment of Prime Minister KP Sharma Oli and seeking to annul his oath of office. The case will be heard by the Constitutional Court on Wednesday.

The case is being reviewed by a constitutional bench led by Chief Justice Bishwambhar Prasad Shrestha. The bench includes Justices Prakashman Singh Raut, Sapana Pradhan Malla, Prakash Kumar Dhungana, and Kumar Regmi.

On July 29, three writ petitions were filed with the constitutional bench, arguing that the incorrect constitutional article was used in KP Sharma Oli's appointment as Prime Minister.

Judge Balkrishna Dhakal, who initially reviewed the writs, determined that the case was appropriate for the constitutional bench. However, due to a heavy docket, it is unlikely that the hearing will take place immediately. The Supreme Court administration has indicated that the bench is already managing numerous cases, which may delay proceedings.

The petitions, filed by advocates Khagendra Chapagain, Shailendra Gupta, and Deepak Adhikari on July 15, contend that President Ramchandra Paudel's appointment of Oli under Article 76(2) of the Constitution is unlawful. The petitioners argue that if the Prime Minister appointed under 76(2) fails to secure a vote of confidence, Article 76(3) should be applied, requiring the appointment of the leader of the largest parliamentary party, which would be Sher Bahadur Deuba of the Nepali Congress.

The petitioners claim that, in the previous term, President Bidya Devi Bhandari followed Article 76(3) to appoint a new Prime Minister after Oli failed to receive a vote of confidence. They assert that the current appointment process deviated from this precedent, rendering it illegal.

The petition requests the revocation of Prime Minister Oli's appointment and a new appointment under Article 76(3) of the Constitution.