Three decisions of the Supreme Court: Restoration of Parliament, Prime Minister to Deuba, no whip for MPs

The Supreme Court has given a historic verdict in the writ petition filed against the dissolution of the House of Representatives. The court has issued an order in the name of the President's Office to re-establish the parliament for the second time and make Nepali Congress president Sher Bahadur Deuba the prime minister within two days. It has also ruled that the party's whip will not be imposed on the parliamentarians while forming the government as per Article 76, Clause 5 of the Constitution. 

The order was issued by the Constitutional Court on Monday. President Bidyadevi Bhandari dissolved the House of Representatives for the second time on the recommendation of Prime Minister KP Sharma Oli at midnight on June 20. 

Judges Deepak Kumar Karki, Meera Khadka, Ishwar Prasad Khatiwada, and Ananda Mohan Bhattarai, headed by Chief Justice Cholendra Shamsher Jabra, delivered the verdict on Monday after a month-long hearing. 

On June 22, the President rejected the claims of Prime Minister KP Oli and Nepali Congress President Sher Bahadur Deuba, who had submitted their demands for the post of Prime Minister in accordance with Article 76 (5) of the Constitution. After the President dissolved the House of Representatives for the second time at midnight, 30 writ petitions were filed in the Supreme Court against the move. The main points of the judgment delivered by Justice Ishwar Prasad Khatiwada on behalf of the Constitutional Court on Monday are as follows: 

- Prime Minister KP Oli's decision to dissolve the House of Representatives is invalid. The decision to reconstitute Parliament.

- KP Oli's claim to the President for the post of Prime Minister is not constitutional. Deuba's claim with the signatures of 149 MPs.

- An order has been issued in the name of the President's Office to appoint Nepali Congress President Sher Bahadur Deuba as the Prime Minister by Tuesday evening.  

- Order to convene a meeting of the House of Representatives immediately.

- Order to move the process forward from the point at which the constitution process has been violated, to make Deuba the PM, and to take the vote of confidence to the process.  

The Supreme Court had heard 30 writ petitions against and in favor of the dissolution since June 25. The debate ended 39 days after the hearing began. The writ petition against the dissolution, which reached the Constitutional Court, was heard on July 7.

Eleven people, including the Attorney General, argued on behalf of the government in the dissolution case. On behalf of Prime Minister KP Sharma Oli, 21 lawyers and 34 lawmakers on behalf of 146 lawmakers, including Nepali Congress President Sher Bahadur Deuba, debated. 

Five respondents argued on behalf of the petitioner. On behalf of Speaker Agni Sapkota, five persons and four Ramikas Curiae (court assistants) gave their independent views on the dissolution case. 

Following the Supreme Court's decision, President Vidyadevi Bhandari and Prime Minister KP Sharma Oli are facing a moral crisis. They are in a moral dilemma after a court ruled that the president and prime minister's actions were unconstitutional. 

The court not only ruled the PM's move unconstitutional but also forced KP Oli to step down within two days.