KATHMANDU: The Supreme Court of Nepal has dismissed all three writ petitions challenging the appointment of CPN-UML Chair KP Sharma Oli as the Prime Minister of Nepal.
A Constitutional Bench comprising Chief Justice Biswambar Prasad Shrestha and Justices Prakash Man Singh Raut, Sapana Pradhan Malla, Prakash Kumar Dhungana, and Kumar Regmi ruled against the petitions.
The writ petitions, filed by advocates Khagendra Chapagain, Shailendra Gupta, and Deepak Adhikari, sought to annul Oli’s appointment, claiming it was made in violation of Article 76 (2) of the Constitution.
They argued that a new Prime Minister should have been appointed under Article 76 (3).
Earlier, a preliminary hearing by Judge Bal Krishna Dhakal had referred the case to the Constitutional Bench for a full hearing.
However, the bench decided on Wednesday to annul the petitions, thereby upholding PM Oli’s appointment.
Explanation of Articles:
Article 76 (1): The President shall appoint as Prime Minister the leader of the parliamentary party that commands a majority in the House of Representatives.
Article 76 (2): If no party has a clear majority, the President shall appoint as Prime Minister a member of the House of Representatives who commands a majority with the support of two or more parties.
Article 76 (3): If a Prime Minister cannot be appointed under clause (2) within thirty days, the President shall appoint the leader of the parliamentary party with the highest number of members in the House of Representatives.
