Kathmandu — Nepal’s political and constitutional debate has taken a new turn as two law students from Kathmandu University filed a writ petition at the Supreme Court challenging the appointment of the Prime Minister and the dissolution of Parliament.
The petitioners, Bipana Sharma and Ayush Badal, both under 28 years of age, allege that the President violated the Constitution by appointing former Chief Justice Sushila Karki as Prime Minister.
Constitutional Violation and Appointment Dispute The writ states
“President Ram Chandra Paudel, acting under Article 61 of the Constitution, misused his authority by appointing a Prime Minister without obtaining a vote of confidence from Parliament.” The students argue that the President ignored constitutional and federal legal procedures, undermining the democratic system’s fundamental principles.
The petition highlights that the Constitution prohibits former Supreme Court justices from holding executive office, making Karki’s appointment unconstitutional. They further note, “A former justice assuming political responsibility undermines judicial independence and neutrality.
Demand for Parliament Reinstatement
The students have requested the Supreme Court to declare the Prime Minister’s appointment, the government’s decisions, and the dissolution of the House of Representatives invalid. They also seek an order directing the Speaker of the House and the Office of the President to initiate the Prime Minister’s appointment process under Article 76 of the Constitution.
Following this writ, the Supreme Court resumed registering new cases after the Bhadra 24 fire incident that damaged most court files. According to court sources, at least five petitions have now been filed against the Prime Minister’s appointment and the dissolution of Parliament.
