The CPN-UML has decided to file a writ petition at the Supreme Court against the dissolution of the House of Representatives.

Upon the recommendation of Prime Minister Sushila Karki, President Ramchandra Paudel had dissolved the House of Representatives on September 12 following the Gen-Z movement that turned into a lightning revolt and violent protests across the country. At least 78 people lost lives in the protests on September 8 and 9. The Karki administration has the mandate to conduct the snap polls on March 5.

A meeting of the dissolved parliamentary party of the UML on Tuesday concluded that there is no alternative to the restoration of Parliament. Accordingly, the party decided to file a petition in the top court.

Over a dozen petitions have already been filed in the court seeking to reinstate the House. The Supreme Court has already started hearing the cases against House dissolution.

The UML, the second largest party in the dissolved House of Representatives, has entrusted Mahesh Bartaula and Sunita Baral to file a case in the Supreme Court on the party’s behalf.

On September 12, the appointment of former chief justice Karki as prime minister was made in contravention of Article 76 (government formation) and Article 132 (2) (barring a person who has served as chief justice or justice of the Supreme Court from appointment to any other governmental post, except as otherwise provided by the constitution), read a statement issued by Bartaula after the meeting. The dissolution of Parliament was one of the major demands of the agitating Gen Z.

The UML meeting deemed this appointment, in direct violation of the people’s mandate from the 2022 general election and established democratic norms, to be unconstitutional prima facie, reads the statement.

“The subsequent act by the unconstitutionally appointed prime minister, who immediately dissolved the house of representatives (HoR) without even forming a full Council of Ministers, is against the letter and spirit of the constitution. This act is against the concepts of constitutionalism, rule of law, democracy, and the sovereign power vested in the people,” said Bartaula.

Therefore, this meeting of the UML parliamentary party (of the unconstitutionally dissolved HoR) determines that the appointment of the prime minister and the House dissolution are against the constitution and democracy, said the statement.

The meeting decided to file a writ petition in the Supreme Court for the reinstatement of the House to correct this “unconstitutional and anti-democratic step”.

Earlier, the Nepali Congress, the largest party in the dissolved House, also initiated a signature campaign in favour of restoring the House, but that was not to support the UML, a Congress leader told the Post.

On Monday, during a meeting with Speaker Devraj Ghimire, Congress chief whip Shyam Ghimire said that the party was yet to make an official decision to file a case in the court and thus the Congress is unlikely to join the UML in moving the court.

As many 45 Congress lawmakers had signed for House restoration but the majority of party leaders stood in favour of elections, which made it difficult for them to approach the court along with the UML, said the Congress leader.

This meeting sincerely calls upon all parliamentary parties, civil society, various associations and organisations, and all Nepali citizens to oppose the unconstitutional dissolution of Parliament and stand in favour of its reinstatement for the protection of the constitution, rule of law, democracy, and the sovereignty vested in the people, the UML has appealed.

Addressing the meeting, UML Chairman KP Sharma Oli said there is no alternative to the restoration of Parliament. Oli was the prime minister when the youths revolted.

Oli said at the meeting that the party would also hit the streets to press the agenda. “Our movement will be peaceful, progressive, and in favour of the constitution and democracy. It will be in defence of life and property. It will not be to create fear, terror, or to loot,” he told the party’s former lawmakers.

Oli instructed them to be geared for the move. UML General Secretary Shankar Pokharel called the Karki government unconstitutional, alleging that its actions were not guided by the constitution.

“The constitution mandates that a member of the House of Representatives is appointed the prime minister. The incumbent prime minister is not even a member of the House. And because this position was not created through a constitutional amendment, the constitution does not recognise her,” Pokharel said.

He called the House dissolution an unconstitutional move.

“Based on past verdicts of the Supreme Court, restoration is inevitable. Our party believes that only through restoration can the country move forward in the right direction,” Pokharel said.

Pokharel also alleged that the Karki government has refused to hold dialogue with the political parties so much so that “it doesn’t even want to meet with political party leaders”.

UML Vice-president Bishnu Paudel described the recent political developments in the country as regressive.