By Gopal Sharma
KATHMANDU, Jan 6 (Reuters) - Nepal's top court on Wednesday
will begin hearings on petitions challenging Prime Minister K.P.
Sharma Oli's sudden decision to dissolve the parliament, a move
that has triggered public outrage and has been labelled
unconstitutional.
In their plea before the Supreme Court, politicians,
activists and lawyers are questioning whether it is the
legitimate right of the leader to dissolve the parliament, 18
months before schedule.
The Oli, 68, cited internal squabbling within his ruling
Communist party and lack of political unity as reasons behind
his Dec. 20 decision.
His colleagues and opposition political parties have blamed
Oli for derailing a stable government amid a pandemic that has
triggered an economic downturn.
Seven ministers have quit Oli's government to oppose his
move and protesters last month burnt effigies of him.
"The constitution duly defines and delimits the power of the
prime minister," said Dinesh Tripathi, an independent
petitioner.
"It does not give Oli the prerogative to cause an untimely
death to parliament at his will," he said.
The five-member constitutional bench of the Supreme Court,
including the chief justice, will hear at least 13 petitions
questioning the rights of the prime minister.
Officials working with Oli said his move was in line with
the constitution.
"We are fully prepared to face the challenge in the court,"
said Rajan Bhattarai, an aide to Oli.
If the court upholds Oli's move, Nepal will hold elections
this summer. If not, parliament will be reinstated.
"If the verdict is in favour of the dissolution, there will
be elections for a new parliament but we risk that in the near
future, governments may not complete a full five-year-term, as
the prime minister could dissolve it anytime," said
constitutional lawyer Bhimarjun Acharya.
"The country has been trapped into a tunnel of instability,
as the dissolution was a blunder," Acharya added.
(Editing by Rupam Jain; Editing by Gerry Doyle)
((gopal.sharma@thomsonreuters.com; + 977 1 4372152; Reuters
Messaging: gopal.sharma.reuters.com@reuters.net))