Nepal SC refuses to issue interim order on PM Oli's controversial oath
May 18, 2021
Kathmandu [Nepal], May 18 : The Supreme Court of Nepal on Tuesday refused to issue an interim order on writ petitions, seeking scrapping of the May 14 oath of Prime Minister KP Sharma Oli.
Chief Justice Cholendra Shumsher Rana led single-bench did not issue any interim order on a writ petition seeking scrapping of the May 14 oath of Prime Minister Oli, reported The Himalayan Times.
The writ petitions were filed on Sunday by senior advocate Dr Chandra Kanta Gyawali and advocates Keshar Jung KC and Lokendra Oli on reasoning that the process was erroneous, it further reported.
The apex court has told the Office of the President and the Office of the Prime Minister and Council of Ministers to come up with written responses within 15 days regarding the oath taken by PM Oli.
"On the oath of the prime minister and ministers, the final decision will be taken after the written response of the defendants so there is no need to issue an interim order now as demanded by the petitioners," stated the order of the Supreme Court after its preliminary hearing on Tuesday, as per The Kathmandu Post.
Four writ petitions have been filed in Nepal's Supreme Court demanding that PM Oli take oath of office again.
The petitioners have sought directions that Oli should take the oath of office and secrecy again for not uttering the word "I affirm" after being reappointed as Prime Minister last Friday. When President Bidhya Devi Bhandari repeated "I affirm" during the ceremony, the Prime Minister replied "it is not necessary". The petitions claimed this was "humiliation" of the President.
The petitions also call for immediate enactment of a federal law on the format of oath to be taken by prime minister and ministers.
The petitioners have also sought dismissal of seven ministers, who they said were reappointed "against the constitution".
Stating that when a minister is reappointed, the person needs to be a member of federal parliament, the pleas stated that the reappointment "was in violation of the constitution".
"The Prime Minister has violated Articles 78 (2) and (3) and Article 76 (9) of the Constitution of Nepal by re-appointing them as a minister for the second time as the constitution prohibits it," the writ petitioners claimed.
A total of seven ministers, who are not members of the federal parliament, had taken the oath of office and secrecy for the second time on Friday against the existing constitutional provisions.
The pleas has also demanded that the Prime Minister should not take any action without taking oath again and not even allow the ministers to take action until the final decision of this writ petition is taken.
