Supreme Court hearing on writ against PM Oli’s appointment on Aug. 14

The Supreme Court will hear a writ petition challenging the appointment of CPN-UML chief KP Sharma Oli as the Prime Minister on August 14.

The petition argues that the wrong constitutional provision was used for Oli’s appointment. It will be the first hearing on the case to be conducted by the constitutional bench.

The hearing will be conducted by a five-justice panel, including the Chief Justice, in the Constitutional Bench.

On July 21, the Supreme Court’s single bench directed the petition to the constitutional bench for the interpretation of Article 76 of the Constitution. Justice Balkrishna Dhakal, who presided over the single bench, noted the need for clarification on this constitutional provision. President Ram Chandra Paudel appointed Oli as the PM under Article 76 (2) after CPN-Maoist Centre chief Pushpa Kamal Dahal, failed the floor test at the House. The petitioners contend that a new Prime Minister should have been appointed under Article 76 (3), which would have required consideration of the parliamentary party leader of the largest party.