The Constitutional Bench has started a hearing on writs against the dissolution of the House of Representatives focusing on whether to send the writs on the extended full bench or continue in the Constitutional Bench itself.

Chief Justice Cholendra Shumsher Rana, who leads the bench, has given continuity to the same bench which, after a preliminary hearing, had on December 25 sought a written clarification from the Prime Minister’s Office and Sheetal Niwas for their decision to dissolve the Lower House on December 20. Both the state agencies on Sunday submitted their clarification. Similarly, Speaker Agni Sapkota too has submitted a response claiming the dissolution of the House was unconstitutional.

“The hearing has started. Currently, arguments are being presented on whether to continue the hearing by the Constitutional Bench or call an extended full bench,” Kishor Poudel, communication expert at the Supreme Court, told the Post.

The Constitutional Bench consists of Justices Hari Krishna Karki, Bishowambhar Prasad Shrestha, Anil Kumar Sinha and Tej Bahadur KC.

Rana’s decision to constitute the bench on December 25 ran into controversy as he picked junior justices leaving those in the second and the third position out.

Some plaintiffs have been demanding that the issue needs to be decided by an extended full bench.

An extended full bech consists of 9 or 11 justices from the Supreme Court.

They have argued that as the Supreme Court is the final interpreter of the constitution, the five-member Constitutional Bench, which is just a part of the court, shouldn’t be deciding such a crucial issue like the dissolution of the House. .

Article 128 (1) of the constitution says the Supreme Court has the final power to interpret the constitution and laws.

The petitioners and the other advocates supporting them will put their arguments in the beginning. Then will come the turn of the defendants which will be led by the Attorney General’s Office.

Attorney General Agni Kharel himself is preparing to defend the government. Private lawyers too will join the attorney general.

The advocates selected for the amicus curiae, the friend of the court, will give their opinion at the end.

Senior advocates Badri Bahadur Karki, Satish Krishna Kharel, Bijay Kant Mainali, Geeta Pathak and Purna Man Shakya have been selected as the amicus curiae.

The Constitutional Bench on December 25 had said there will be continuous hearing on the writs.