Senior advocate Shambhu Thapa has pleaded that Nepali Congress President Sher Bahadur Deuba should be appointed the prime minister as he has fulfilled the legal procedure as per Article 76 (5) of the Constitution. Thapa said it in the Supreme Court on Wednesday while pleading in favour of NC President Deuba in the writ petition filed by lawmakers including Deuba demanding him be appointed the Prime Minister.
He accused President Bidya Devi Bhandari of depriving parliamentarians of their right to vote for the Prime Minister. President Bhandari could not appoint KP Sharma Oli showing the reason of him not having the base to get the vote of confidence. He further argued that the PM appointed in line with Article 76 (3) must win the vote of confidence as per Article 76 (4) in the parliament.
"Deuba has strong proof to become the Prime Minister because he had submitted the signature of 149 members of the House of Representatives (HoR) out of 275 members. It is the same support that he has to win the vote of confidence in the parliament," Thapa reminded the judges.
Moreover, he underscored, "The President has no right to claim that 26 from CPN UML and 12 from JSP cannot vote, while Deuba already claimed PM's post with signatures of 149 parliamentarians."
Senior advocates Thapa, Badri Bahadur Karki and Mahadev Yadav and advocates Khamba Bahadur Khati and Govinda Bandi did the pleading today, demanding Deuba's appointment as PM.
The hearing resumed today on the writ petition filed at SC against the dissolution of HoR on Wednesday.
Similarly, another senior advocate Yadav argued that 149 HoR members who signed for Deuba are not the party members but the HoR members. The President has no right to declare that requirement fulfilled to be PM was inadequate.
Senior advocate Badri Bahadur Karki was also of a similar stand. "As PM Oli failed to win confidence at parliament, he could not claim for the same post in line with Article 76 (5) of the Constitution.
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