Sher Bahadur Deuba v. Office of the President (Dissolution of the House of Representatives)
- Case
- Sher Bahadur Deuba v. Office of the President (Dissolution of the House of Representatives)
- Court
- Supreme Court of Nepal (Constitutional Bench)
- Year
- 2021
- Area
- Constitutional law / Separation of powers
- Related article
- 76
- Summary
After the House was dissolved, lawmakers challenged the move. The Constitutional Bench reinstated the House and, applying Article 76(5), ordered the appointment of the member with majority support — a landmark on parliamentary democracy and the limits of executive power.
- Holding
The dissolution of the House of Representatives was unconstitutional; under Article 76(5) the President must appoint the member who commands majority support, and the Court issued a mandamus to appoint the petitioner as Prime Minister.
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