Nepali PM Oli says, Court cannot appoint a Prime Minister, in his written response to Supreme Court.
KATHMANDU: Prime Minister KP Oli has sent his written response to the Supreme Court seeking clarification on the government's decision to dissolve the House of Representatives.
The Apex court received the Prime Minister's response through the Office of the Attorney-General on Thursday.
In a response to his defense, Oli stated that it would not be fair to appoint the Prime Minister as he would not be able to perform the functions of law and administration of the state.(ads2)
"The function of the Court is to interpret the Constitution and existing laws, it cannot play the role of the legislature or the executive," Oli said, adding that "The appointment of the Prime Minister is a political and executive process."
The Prime Minister, who also defends the President's involvement in the matter, also explained that Article 76 of the Constitution provides for the sole right to appoint a Prime Minister to the President. "In terms of Article 76 (5), there is no such condition that a person who gains or loses a vote of confidence in the House may be examined by law or by a judge."
The Prime Minister said the HoR was dissolved constitutionally by order of the Supreme Court. "An order has been issued stating that there is a constitutional basis for the dissolution of the House of Representatives in terms of Article 76 (7) of the Constitution if there was no way to nominate another member of the House of Representatives as Prime Minister or Prime Minister.(ads1)
Oli thought the House was dissolved following the failure of a separate government, abolishing all Article 76 options as stipulated in the Supreme Court order and therefore, the act was unconstitutional and unconstitutional.
The Supreme Court had issued a notice stating what happened in the Office of the Prime Minister and the Office of the President to provide a written response within seven days, on June 9.
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