Appoint Sher Bahadur Deuba as Prime Minister: Nepal SC

The apex court said the decision to dissolve the lower House was 'an unconstitutional act'.

File Photo: Sher Bahadur Deuba

(Photo: PTI)

In a dramatic move, the Nepal Supreme Court on Monday, 12 July, overturned Prime Minister KP Sharma Olis decision to dissolve the House and issued an interim order to reinstate it, while also ordering President Bidya Devi Bhandari to appoint Opposition Nepali Congress President Sher Bahadur Deuba as the new premier.

A five-member constitutional bench led by Chief Justice Cholendra Shumsher Rana issued the ruling stating that President Bhandari's decision to dissolve the House of Representatives upon a recommendation of Oli was "an unconstitutional act".

The court also ordered the President to appoint Deuba, who had presented his majority during the election process on 24 May, as the new Prime Minister by Tuesday, 13 July, evening.

The bench further ordered the summoning of a fresh session of the House on 18 July.

Prime Minister Oli had dissolved the House on 21 May and declared snap elections on 12 and 19 November 2020.

This is the second time that the apex court has decided in favour of reinstating the House during Oli's tenure.

Earlier on 20 December 2020, Oli had dissolved the House and the Supreme Court reinstated it on 25 February 2021.

Major political parties besides Oli's Communist Party of Nepal-UML, have welcomed Monday's decision.

After failing to secure a trust vote on 10 May, Prime Minister Oli was re-appointed as per Article 76 (3) of the Constitution in his capacity as the parliamentary party leader of the largest party in the House.

Oli, however, opted not to seek a vote of confidence from the House as per Article 76(4) and recommended to President Bhandari to initiate a new government process as per Article 75 (5).

President Bhandari, on 20 May, asked the members of the House to stake their claim to the new government by 5 pm the other day.

Deuba and Oli laid claim to the prime ministerial position.

Deuba claimed to have the support of 146 lawmakers, while Oli said he had the backing of 153 MPs.

President Bhandari, however, dismissed both the claims and dissolved the House on 22 May as recommended by the meeting of the Council of Ministers.

Following the dissolution, more than two dozen writ petitions were filed seeking the restoration of the House and issuing an order that Deuba be appointed as the new prime minister.