Mandamus issued to appoint Deuba as PM within two dys; leaders hail decisions

Kathmandu / July, 12: Reinstating the House of Representatives, the Supreme Court has also issued a writ of mandamus to appoint Nepali Congress (NC) President Sher Bahadur Deuba as the Prime Minister within two days.

The five-member constitutional bench of the SC led by Chief Justice Cholendra Shumsher JB Rana took the decision to this effect on Monday.

The Top Court has also ordered to call the HoR meeting on July 18.

Here are the major highlights of the apex court’s verdict on parliament dissolution case

Recent move of President Bhandari to dissolve parliament is against the spirit of the February 23 order of the Supreme Court.

Such a practice of dissolving parliament may have have a negative impact on the constitutional system of the country

President Bhandari’s decision to dismiss the claim made by Nepali Congress President Sher Bahadur Deuba for the appointment of new prime minister as per Article 76(5) of the constitution goes against the constitution.

New session of HoR should be summoned by 5 PM on July 18

CPN UML’s KP Sharma Oli can’t be appointed as the prime minister in accordance with Article 76 (5) as he opted not to take a trust vote as required in Article 76 (4)

As NC President Deuba was supported by 149 members of the 275-member House, the claim made by President Bhandari that Deuba ‘did not have a basis to win parliament’s confidence’ is erroneous.

NC’s Deuba be appointed as the prime minister by 5 PM on July 13

No member of parliament can be imposed whip or taken action against as per the Political Party Act -2017 just because he/she decides to extend support to a candidate staking claim to form a new government as per Article 76 (5).

Here is who said what regarding the court’s verdict to reinstate the House

Sher Bahadur Deuba, President, Nepali Congress

With its verdict, the Supreme Court has single-handedly saved constitution and revived rule of law. It has reinstated people’s faith in independent judiciary. We, the opposition alliance, are holding a meeting later today and will issue an extended statement then.

Pushpa Kamal Dahal, Chair, CPN (Maoist Centre)

The Supreme Court’s decision is an important historical event in itself. This is a victory not only of the opposition alliance, but of the country and the people. Supreme Court, by means of this verdict, has taken the nation and constitution’s prestige to a new high.

Madhav Kumar Nepal, Senior Leader, CPN-UML

This verdict has fulfilled four important tasks- it has clarified several confusing elements of the Constitution; it has limited possible authoritarian intentions of Prime Minister(s) and said that all state bodies should remain within their limits; revived Constitution and parliament; and, has safeguarded the Constitution and Parliament, yet again, which has enhanced the roles and prestige of the Court.

Subas Nembang, former chair of Constituent Assembly, CPN-UML

The Supreme Court’s decision has raised a huge question in terms of justice imparted, on a global scale. Despite that, we will accept the court’s verdict.

Upendra Yadav, Chair, Janata Samajwadi Party

This is a historic decision which has saved the Constitution, the country and the democratic system. The opposition alliance will now foster this historic act by working together. The alliance was not formed to fulfil any partisan interests and will unitedly work for the benefit of the nation and current system.

Kamal Thapa, Chair, Rastriya Prajatantra Party

I am borrowing the lines of senior political leader, late Rajeshwar Devkota, “An ox has delivered a calf in the Supreme Court”. The Supreme Court’s political decision to reinstate the House will face complications during implementation, due to which the danger of the country getting stuck in instability has risen further.

Ishwar Pokhrel, CPN-UML

People should understand that today’s decision has ignited another episode of political instability in the country. Those that are party to this action will have to stand in court of history and face trial.

Pradeep Kumar Gyawali, Spokesperson, CPN-UML

The court’s decision has steered Nepal’s democratic system towards the wrong direction. It has further negatively affected the balance between the three pillars of the theory of separation of power – legislative, executive and the judiciary. Supreme Court has breached its lines and entered the President’s area of jurisdiction on appointing Prime Ministers, further severely affecting the multi-party system.

Mohammad Ishtiyaq Rai, Janata Samajwadi Party

Felicitations to the court for reinstating the House for the second time. The Prime Minister and the President should apologise to the public for conducting what the Supreme Court has deemed an unconstitutional act, twice. There is no need for anybody to take to the streets against the SC verdict.

Yogesh Bhattarai, CPN-UML

I respect and welcome the Constitutional Bench’s order to reinstate the House of Representatives. I further urge all leaders and cadres of the UML to maintain peace and have patience in a bid to save the party’s unity.

Gagan Thapa, Nepali Congress

The Court has defended the Constitution with its interpretation of the act of House of Representatives being an unconstitutional step. One can have disagreements with the court’s decision but it has to be accepted. Nobody should engage in acts that would cause a hindrance in implementation of the decision.

Ram Kumari Jhankri, CPN-UML

The judiciary has added stars to its prestige with the decision. I thank the judiciary, members of the constitutional bench, advocates, political leadership, media and civil society that raised their voice against the unconstitutional step. Congratulations to lawmakers and Nepali people who stood with the democratic system.