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Nepal Supreme Court declines to decide on PM ouster

Publication Date : 06-08-2012

 

Ruling that the Supreme Court cannot decide on “purely political matters”, the apex court quashed a petition that sought the ouster of Prime Minister Baburam Bhattarai.

A single bench of Justice Tahir Ali Ansari yesterday issued an order to this effect.

“At a time when neither the Constituent Assembly (CA) nor the parliament is in place, the Supreme Court cannot decide on a purely political subject. And therefore, it is not necessary to issue a show cause notice to the defendants. The petition is therefore quashed,” reads the SC order.

Advocates Saroj Kumar Thapa and Parasmani Bhattarai had moved the court earlier on Monday seeking its directive in the name of the president to remove Prime Minister Bhattarai and call for the formation of a new government.

The petitioners argued that PM Bhattarai should be removed from his post for his failure to inform the president right after he lost his parliamentary membership following the CA demise and request the President to form a consensus government as provisioned in the Interim Constitution.

The advocates duo stated that it was necessary for the court, in the absence of parliament, to interpret the nature and scope of Article 38 (1) of the Interim Constitution that calls for formation of a consensus government.

The petitioners have also sought an order against the Election Commission for giving an “ill advice” to the government for holding fresh CA elections, even when there were no proper electoral laws in place and that the constitution was not amended for the same.

The defendants included President Ram Baran Yadav and his office, PM Bhattarai and Prime Minister's Office, Election Commission and of the Parliament Secretariat.

 

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