Deputy Attorney General Bishowraj Koirala has argued that issue of the Prime Minister’s appointment should not be debated inside a court, as this is solely a matter of political concern.
Defending the government’s move to dissolve the House of Representatives (HoR) before the Constitutional Bench led by Chief Justice Cholendra Shumsher JBR at the Supreme Court on Tuesday, the Deputy Attorney General claimed that the court cannot dictate to appoint any individual for the post of the Prime Minister. Justices Dipak Kumar Karki, Meera Khadka, Ishwar Prasad Khatiwada and Dr Anandamohan Bhattarai are other members of the bench.
Koirala said, “The court (Supreme Court) cannot issue an order to appoint Sher Bahadur Deuba as the PM as demanded by the petitioners.” Arguing that the lawmakers elected from the particular political parties cannot remain independent, Koirala claimed that there was no basis to issue a writ in a political subject like appointment of the PM.
Likewise, another Deputy Attorney General Tek Bahadur Ghimire argued that the parliamentarians elected from the political parties should abide by the party statute and whip.
“Does the President hold discretionary powers while discharging the duties?,” he asked adding that the recommendation on HoR dissolution is made as per the constitutional provision and such a decision was taken not to deteriorate the lasting peace and sustainable development issues.
Similarly, Deputy Attorney General Shyam Kumar Bhattarai stated that the President fulfilled the constitutional responsibilities adding that it was appropriate to go for elections since the dates for the polls have also been announced.
Six government attorneys are scheduled to plead the case on Wednesday.
Source: National News Agency Nepal