Kathmandu: The government has insisted that the court should not enter into the dissolution of the parliament as it is a political issue.
In a written reply to the writ petition on Sunday, Prime Minister KP Sharma Oli said that the issue of dissolving the House of Representatives and going to the polls was a political issue.
Prime Minister Oli has said that the dissolution of the House of Representatives on the recommendation of the Prime Minister is an inherent value of the parliamentary system. The decision taken by the Prime Minister on the basis of assessment of the political environment is a matter for the general public to evaluate politically. The writ petition has been dismissed as the matter does not fall within the jurisdiction of justice.
Oli also said in his written reply that the apex court had earlier mentioned in a writ petition against the dissolution of parliament that it was a political issue.
In the writ filed against the dissolution of the parliament in 2059 BS, Oli also mentioned that the Supreme Court has decided to dissolve the parliament and go for a mandate through new elections and its justification will be examined by the sovereign people.
Oli said that there was no possibility of an alternative government and the constitutional right to run the government was not allowed to function due to the unconstitutional obstruction.
Oli also said that the prime minister’s right to dissolve parliament was a fundamental feature of the parliamentary system. Without this feature, Article 74 of the constitution cannot function. Similarly, Article 85 has made provision for the dissolution of the House of Representatives, ‘Oli said.
Article 74 provides for the form of government of the country. It states that “Nepal’s form of government will be a multi-party competitive federal democratic republican parliamentary system based on pluralism.” Oli, in his written reply, referred to this section and claimed that the dissolution of the parliament was part of the parliamentary system.
Oli has said that it is his constitutional duty to thwart the undemocratic world by operating the constitutional government selfishly through illegal means. He also said that no one has the right to stand against the democratic system in order to get the opinion of the people in a democracy. “In any democratic system of governance, no one can be bothered to say that it is natural and justifiable to go to the people for elections,” he said.