Supreme Court seeks written reply in UML petition against House dissolution
The Supreme Court on Wednesday issued a show-cause notice in a writ petition filed by the CPN-UML challenging the dissolution of the House of Representatives in September. The Constitutional Bench ordered the defendants, including the Office of the President, to submit a written response within a week and declined to issue the interim order sought by the petitioners. (Source: The Kathmandu Post)
Key details from the petition and court order
KATHMANDU, Dec 3: Supreme Court has issued a show-cause order to the government in response to a petition filed by the CPN-UML challenging the formation of the government and the dissolution of the House of Representatives (HoR). The Constitutional Bench has instructed all respondents to submit written replies within seven days through the Office of the Attorney General. The bench—comprising Chief Justice Prakashman Singh Raut, Senior Justice Sapana Pradhan Malla and Justices Kumar Regmi, Hari Prasad Phuyal and Manoj Kumar Sharma—also ordered that this petition be heard together with earlier cases related to the HoR dissolution and the formation of the government. (Source: myRepublica)
The petition asks the court to declare the appointment of Sushila Karki as prime minister unconstitutional, arguing her appointment violated Articles 76 and 132(2) of the Constitution because she was not a member of the House of Representatives and had previously served as chief justice. The petition seeks to nullify the President’s September 12 decision appointing Karki, her oath, cabinet appointments and related decisions; it also asks the court to reverse the House dissolution order and restore Parliament. (Source: The Kathmandu Post, myRepublica)
Background: how this ties to the September unrest
Nepal’s former Supreme Court chief justice Sushila Karki was appointed interim prime minister after deadly anti-corruption protests in September that led to the resignation of then-PM KP Sharma Oli and the burning of key government buildings. Parliament was dissolved and fresh elections were later scheduled for March 5, 2026. The interim government’s formation and the decision to dissolve the House came amid the fallout from the Gen Z-led protests and a social media ban that sparked nationwide demonstrations. (Context: BBC)
Response and next steps
The Supreme Court’s Constitutional Bench has directed the Office of the President and other defendants to file written replies within a week. The bench also ordered that the UML petition be heard together with similar petitions challenging the HoR dissolution and government formation. The court declined to issue an interim order at this stage. The petitions seek wide-ranging remedies, including quashing the PM appointment, reversing the HoR dissolution and restoring parliamentary processes. (Source: myRepublica, The Kathmandu Post)
Share Your Thoughts
- What consequences do you expect if the Supreme Court annuls the interim government’s formation?
- How should the interim administration and political parties respond to the court’s show-cause order?
- Do you think March 5, 2026 elections can proceed as scheduled amid these legal challenges?
- What lessons should Nepalese institutions learn from the Gen Z protests and the legal fallout?
- How can trust be rebuilt between youth movements, political parties and state institutions?