Nepal SC may ask for parliamentary discussion records on dissolution of lower house: Chief Justice

Jan 17, 2021

Kathmandu [Nepal], January 17 : Hearing a writ petition against dissolution of the House of Representatives (HoR) on Sunday, Nepal's Chief Justice Cholendra Shumsher JBR said that the court would ask for parliamentary discussion records if required.
Advocate Dinesh Tripathi demanded record of the Constituent Assembly during the Constitutional Bench's hearing of the case against the dissolution of the House.
Tripathi claimed that discussions held before the promulgation of constitution would clarify whether a Prime Minister can dissolve parliament or not.
"We should ask for records of discussions held at the time of promulgating constitution, your honour! We should look into all records that are kept while discussing constitutional provisions before it was promulgated," Tripathi said during discussion.
Responding to the demand, Chief Justice Rana stated that the demand has been noted and the Court would seek the records from CA if and when it feels necessary.
Hearings over 13 writ petitions started last December challenging the move of now Prime Minister KP Sharma Oli's administration to dissolve parliament 20 December.
A five-member Constitutional Bench under the leadership of CJ Rana is looking onto the case and has held multiple rounds of discussions. Bishwambhar Prasad Shrestha, Tej Bahadur KC, Anil Kumar Sinha and Sapana Pradhan Malla are other Justices in the Constitutional Bench.
This comes after the petitioners demanded a full bench hearing.
The Supreme Court on January 15 decided to continue the hearing in constitutional bench itself over the writ petitions filed against the dissolution of House of Representatives.

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