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Nepal SC upholds Parliament dissolution, election in November

Rejecting a petition by 56 former lawmakers, seeking reconvening of parliament, an 11-member jury headed by Chief Justice Keshav Prasad Upadhyay, ruled that no precondition shall be applicable to the prime minister's discretion to dissolve the house of representatives.

The petition, supported by former prime minister Girija Prasad Koirala, contended that the election would be difficult to hold when the country is being ravaged by Maoist insurgency.

The court, in its verdict, said, "The prime minister may discuss the matter regarding the dissolution of the house with his Cabinet colleagues, but the premier need not take the matter to the Cabinet for discussion."

"The prime minister's recommendation to dissolve the house cannot be regarded as ill-intentioned as mentioned by those in the writ petition," the Court said.

"The dissolution of the house falls under the prime minister's prerogative and the court cannot question its validity on political grounds," it said.

King Gyanendra, on May 22, dissolved the house of representatives in accordance with article 53 (4) of the constitution, at the recommendation of Deuba and announced mid-term polls in November.

The ruling Nepali Congress split into two factions over Deuba's decision to call for election.

The MPs who petitioned the court said that they would accept the court order and will now prepare for the polls.

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