Advocates seeking for dismissal of Prime Minister’s oath in Supreme Court

A writ petition has been filed in the Supreme Court of Nepal demanding dismissal of oath taken by KP Sharma Oli. After appointed as Prime Minister for the third time, he disregarded the oat content and violates the legal provision.

The Prime minister has not uttered some words in the oat. He dishonestly took oat. He also appointed of a non-MP as a ministers. That is unconstitutional in the writ petition.

A senior advocate Chandra Kant Gyawali, advocate Lokendra Wali have filed a writ petition in the Supreme Court of Nepal on Sunday.

The writ petition also demands a reply from the President’s Office and the Prime Minister’s Office to make public the details of the oath taken by President Vidyadevi Bhandari to Prime Minister Oli on May 15, 2021.

Earlier, the Supreme Court of Nepal had set a principle that the words of the oath should not be used in a wrong or arbitrary manner.

The constitution has been violated since Prime Minister Oli was sworn in as the Prime Minister again as per Article 76, Clause 3 of the Constitution stated in the writ petition.

The petition also urged that the appointment of seven people who have been sworn in as ministers even though they are not members of the federal parliament. Thus it should be stayed by an interim order.

The appointments of ministers are also in dispute along with the swearing in of the Prime Minister Saturday, May 15, 2021.

“Until the day Prime Minister Oli lost his vote of confidence, seven of the ministers in his cabinet were not members of the federal parliament,” stated in the writ petition.

The President, the Presidential Institution, the Constitution, the sovereignty of the people and the loyalty to the nation be violated.

The writ petition filed in the Supreme Court of Nepal on May 16, 2021, Sunday. There is controversy over the swearing in of the Prime Minister. And the appointment of ministers for the second time during the tenure of the same House of Representatives has now come under formal judicial review.

NCP UML Chairman Oli has been involved in another constitutional dispute since the day he was sworn in as the Prime Minister for the third time.

Prime Minister Oli, who was deliberately left out or unwilling to utter a few words while taking the oath of office and secrecy by the President of Nepal. It has also been pulled into the controversy of Article 78 of the Constitution of Nepal.

The petitioners also urged that the appointing as ministers to the non-member of the federal parliament of violating the constitutional provision that a person cannot be made a minister.

The provision of Article 78 of the Constitution has been misinterpreted by the Prime Minister and the President. They are responsible for the observance of the Constitution and the custodian of the Constitution.

The writ petition states that Minister for Water Supply Mani Thapa and Sports Minister Dawa Tamang are not MPs at the time. Thus, they should be removed from their posts as Oli had included them in his cabinet.

According to constitution, a person who is not a member of parliament can become a minister only once and become a member of the federal parliament within six months.

The applicants also demanded to stay order the oat activity of KP Sharma Oli as taking oath Prime Minister.

But the single bench of the Supreme Court did not take interim order, the court only issued show cause order on 18 April 2021.

About Nepali Law

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