Nepal Supreme Court rules dissolved Parliament must be reinstated

KATHMANDU, Nepal – The Supreme Court of Nepal ruled on Tuesday that the country’s parliament, which was dissolved in December by the country’s prime minister, must be convened again, pushing the Himalayan nation into another round of political instability.

Prime Minister KP Sharma Oli of Nepal dissolved Parliament on December 20 after lengthy internal disputes within his ruling Communist Party of Nepal, but the court concluded that he had extrapolated his powers.

“The court considered the dissolution of the house to be unconstitutional,” said court spokesman Bhadrakali Pokharel, adding that the legislature needed to be reinstated in two weeks.

The decision means that Oli is likely to face a motion of censure when lawmakers meet again.

Rajan Bhattarai, Oli’s foreign affairs aide, said the prime minister would respect the court order. “He will not weigh any anti-democratic movement, such as imposing an emergency or anything else,” he said.

Oli dissolved parliament about two years before the end of his five-year term in order to prevent an expected censure motion from rival leaders in his party.

Oli was elected for a second term as prime minister in 2017, winning a majority in an alliance with former Maoist rebels and promising to fight the endemic corruption that plagues the country and forge stronger ties with China.

Nepal’s political turmoil arises amid growing tensions between China and India, two powerful neighbors whose rivalry is increasingly fierce. This intensified as China pressed its claims for disputed land along its rugged Himalayan border.

During his tenure, Oli leaned more and more towards China, to the detriment of India.

Mr. Oli initiated several major development projects as part of Chinese efforts to develop trade and transit links in the region, essentially ending what had been an Indian monopoly in the country.

“Oli’s departure may be a matter of satisfaction for India,” said Bipin Adhikari, a former dean of the University of Kathmandu School of Law and a constitutional expert. A “weak coalition government could support them more than Oli”.

Oli has lost control of the party and parliament in recent days. The dissolution divided the ruling party into two factions, with the group opposing Oli and his decision to dissolve the parliament led by a former Maoist rebel, Pushpa Kamal Dahal.

Legal experts and political activists gathered in front of the Supreme Court in Kathmandu to commemorate the decision on Tuesday. Oli’s decision to dissolve Parliament was widely condemned by many in his own party and in the opposition.

A senior leader of the Communist Party of Nepal, Raghuji Pant, asked Oli to step down.

“Based on moral grounds, the prime minister must resign immediately,” said Pant. “Our party can remain intact if the prime minister agrees to support another leader as prime minister. Otherwise, a new equation of power is inevitable. “

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