Attorney General Ramesh Badal has said that the a member of parliament elected from one party proposing leader of another party as the prime minister is unimaginable in a multi-party democracy. Pleading on behalf of the government, the defendant in the writ filed against the dissolution of the House of Representatives, at the Constitutional Bench of the Supreme Court on Monday, Badal cited Article 271 (1) and Article 261 of the Constitution to validate his argument.
He also claimed that Article 76 (5) of the Constitution gives the President the right to take decision, as with section (1), (2) and (3) of the same Article.
Attorney General Badal questioned the authenticity of the signatures in the application submitted by the NC president Sher Bahadur Deuba to claim a majority for appointment to the post of Prime Minister. The serial number is not in order while both computer typed and hand written names have been used, which makes it unreliable.
In his arguments before the Constitutional Bench, AG Badal said the Prime Minister had every right to claim for premiership again as per Article 76(5) even though he failed to get a vote of confidence as per 76(4). “Things change overnight, and with a changed scenario, the Prime Minister went for 76(5),” he said.
Also today, deputy attorney generals Padma Prasad Pandey, Biswaraj Koirala, Tek Bahadur Ghimire and Shyam Kumar Bhattarai defended the government in the case being heard before the Constitutional Bench led by Chief Justice Cholendra Shumsher JB Rana. Justices Dipak Kumar Karki, Meera Khadka, Ishwar Prasad Khatiwada and Dr Anandamohan Bhattarai are other members of the bench.
The hearing will continue tomorrow, with pleading from the defendant side.
Source: National News Agency Nepal