Friday, August 26, 2005

It's time for fifth verdict

Kathmandu, August 26-The Supreme Court reopened the review petition seeking the reinstatement of the dissolved House of Representatives which has been pending for the last three years. Chief Justice Dilip Kumar Paudel Paudel formed an 11-member bench this morning to decide whether or not to have a full hearing on the petition.
However,The Supreme Court had issued different verdicts in the past 15 years while deciding dissolution cases after 1990 Constitution came into effect. The SC had upheld the House dissolution on the recommendation of the then prime minister, Girija Prasad Koirala, in 1994. It had reasoned it was discretionary power of the prime minister to dissolve lower chamber of parliament and to seek people’s mandate as per Article 53 (4) of the Constitution.
In the case challenging Manamohan Adhikary’s dissolution recommendation after a no-confidence motion was moved against him in 1996, the apex court had said a prime minister cannot escape no confidence proceedings and should be ready to face such a move by reviving the House. The SC had added that a PM heading a minority government cannot exercise discretionary powers to dissolve the House.
In 1998, Surya Bahdur Thapa had resigned as PM when the King rejected his recommendation to dissolve the House after the SC opined if there were alternatives to form government, PM heading minority government cannot dissolve the House.
While upholding Deuba’s recommendation to dissolve the House in 2002, the SC had said it was the discretionary power of a PM to seek new mandate as per Article 53 (4) of the Constitution. The bench had opined that elections can be held even during the state of Emergency, as the Constitution did not bar the holding of polls during the Emergency.
Whatever the verdict comes in front ,that makes again the courts in controversial.

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