The Bench comprising Chief Justice Cholendra Shumsher JBR and Justices Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Malla and Tej Bahadur KC on Friday turned down the lawyers' demand that the writ petitions be sent to an extended full bench.
The Bench contended that since the issue needs serious constitutional interpretation, the petitions need not be sent to an extended full bench and the Constitutional Bench would conduct the regular hearing on the writs against the House dissolution.
Prime Minister KP Sharma Oli on December 20 recommended that the President dissolve the lower house of the Federal parliament and the President approved the PM's recommendation on the same day.
Lawyers arguing on behalf of 12 petitions challenging the House dissolution had demanded that the writ petitions be heard by an extended full bench. But those arguing on behalf of the defendants- the Office of the Prime Minister and Council of Ministers and the Office of the President – said that since the issue demands constitutional explanation, the writs must be heard by the Constitutional Bench.
The lawyers arguing on behalf of the defendants said that the very demand for an extended full bench is against the spirit of the constitution, which allows the Constitutional Bench to take decisions on issues related to the interpretation of the constitution.
