No provision to restore Lower House: Court

January 30, 2004
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The Supreme Court said Thursday there is no provision in the 1990 Constitution for the reinstatement of the dissolved House of Representatives, published reports said Friday, quoting court officials.

“There is no specific provision in the Constitution to reinstate the House,” the Himalayan Times quoted apex court’s registrar Sri Prasad Pandit, as saying. He said this while rejecting to register a writ petition, according to the daily.

“Since there is no provision in Article 53 (1) and (3) of the Constitution, there is no reason for the plea to be registered,” the court said.

Petitioner Bijendralal Joshi had brought the petition to the court for registration. Speaker Taranath Ranabhat and top leaders of the seven political parties that represented the dissolved House have been named as the defendants in the petition.

The petitioner had sought a Mandamus in the name of the defendants to submit a plea unto the King to summon the Parliament session, as the then government failed to hold elections within the time stipulated by the Constitution, the daily said.