Four writ petitions filed in Nepal's SC seeking directions for PM Oli to take oath again

The petitioners have sought directions that Oli should take the oath of office and secrecy again for not uttering the word "I affirm" after being reappointed as Prime Minister last Friday. When President Bidhya Devi Bhandari repeated "I affirm" during the ceremony, the Prime Minister replied "it is not necessary". The petitions claimed this was "humiliation" of the President.

The petitions also call for immediate enactment of a federal law on the format of oath to be taken by prime minister and ministers. The petitioners have also sought dismissal of seven ministers, who they said were reappointed "against the constitution". Stating that when a minister is reappointed, the person needs to be a member of federal parliament, the pleas say that that the reappointment "was in violation of the constitution".

"The Prime Minister has violated Articles 78 (2) and (3) and Article 76 (9) of the Constitution of Nepal by re-appointing them as a minister for the second time as the constitution prohibits it," the writ petitioners claimed.A total of seven ministers, who are not members of the federal parliament, had taken the oath of office and secrecy for the second time on Friday against the existing constitutional provisions. The seven leaders are not members of the federal parliament. There is a provision that a person who becomes a minister without becoming a member of the federal parliament must obtain such membership within six months from the date of taking the oath of office and secrecy.If the person fails to get membership of federal Parliament within the period as per Article 78 (3) of the Constitution, he or she is barred from re-appointment to the post of minister during the tenure of the House of Representatives.

When one becomes a minister for the first time, even if the person is not a member of the House of Representatives, he can be in the position for six months. However, there is a constitutional provision that a person cannot become a minister for the second time without being a member.The pleas has also demanded that the Prime Minister should not take any action without taking oath again and not even allow the ministers to take action until the final decision of this writ petition is taken.