The dispute between left alliance and Nepali Congress (NC) about formation of the new government looks set to reach the court.
The government and NC insist that the Election Commission (EC) can determine the number of women each party will have to send to the House of Representatives (HoR) only after formation of the National Assembly.
The left alliance has demanded that the EC should announce the final results of HoR and send that to the President's Office before formation of the National Assembly. Talking to journalists on Wednesday, CPN-UML leader Subas Chandra Nembang said message has been sent to the EC to announce final results. "The EC must announce results. We are waiting for that," Nembang stated. "We have also sent message to the EC."
Top leaders of the left alliance have met Chief Election Commissioner (CEC) Ayodhi Prasad Yadav and told him that the final results of HoR should be announced immediately. The EC is still firm on its stance of not announcing final results of HoR before holding the election of National Assembly.
Talking to Setopati on December 15, CEC Yadav had stated that final results of HoR cannot be formally announced before holding the election of National Assembly as the National Assembly should be formed first to ensure one-third female representation of each party in the federal parliament (HoR and National Assembly combined).
"The Constitution states that each party must have at least one-third female members in the federal parliament," Yadav said. "It will be very difficult to ensure that later if it is not ensured even through proportional representation (PR) system. It is, therefore, difficult for the EC to announce final results of HoR," he added.
The EC is under pressure recently due to the stance of left alliance that final results of HoR should be immediately announced. The EC needs results of National Assembly election to announce final results of HoR even as per the HoR Act 2017. The EC will have to complete some processes even after the results arrive.
Clause 60 of the HoR Election Act has set the following process for announcement of the final results of PR system.
- After determining the number of seats the parties will get for HoR through the PR system, the EC must inform the parties concerned the number of women to be elected through the PR system in a way that one-third of the total representatives of each party in the federal parliament are women.
The clause has made it clear that federal parliament means the HoR to be formed as per Article 84 of the Constitution and National Assembly to be formed as per Article 86 of the Constitution
- The parties will have to send the list of elected candidates after receiving the demand for the number of candidates from the EC within the time stipulated by the EC.
EC Spokesperson Nava Raj Dhakal said the EC will write to the parties to send the list of elected candidates through PR system giving a seven-day deadline. "The EC will again give three days to the parties to correct the list if it is not in accordance to the Act," he added.
- The EC declares the candidates included in the list elected after receiving the final list sent by the parties. The EC will have to send the names of the elected candidates to the President and publish that list in the Nepal Gazette.
A leader close to Prime Minister Sher Bahadur Deuba claimed that the EC can ask for the final PR list from parties as per this Act only after formation of the National Assembly. "If the EC sends a letter to us without completing this process, it will be against the law," the leader stated. "We will seek legal remedy if that happens," the leader added.
Newly elected lawmaker and NC leader Minendra Rizal said, "There is a Constitutional provision that requires results of National Assembly to determine the final seats through PR system. I don't believe the EC will do unconstitutional work. Article 84(8) of the Constitution states - Notwithstanding anything contained elsewhere in this Part, at least one third of the total number of members elected from each political party representing in the Federal Parliament must be women."
The parties are firm in their respective interpretation of the Constitution and laws. They are making accusations and counter-accusations instead of seeking solution by sitting together.
Organizing a joint press conference, UML Chairman KP Oli and CPN (Maoist Center) Chairman Pushpa Kamal Dahal have accused PM Deuba of sticking to power and abating the President to issue 'unconstitutional ordinance'. President Bidhya Devi Bhandari has since met both the left leaders and advised them to seek resolution of the current impasse through dialogue.
The PM's Secretariat has stated that there is no need for discussion on the ordinance as it is in accordance to the law. Personal secretary to PM advocate Keshav Joshi stated that there is no need for discussion among parties as the ordinance is not an issue to seek resolution through political consensus.
"Ordinance is not an issue to seek resolution through political consensus. It is a document prepared as per the Constitution and law," Joshi has told Naya Patrika daily. "There is no constiutional and legal obstruction in that. PM, therefore, has not discussed with parties on that. He will not do so either."
The firm stance of the parties has not just affected the issue of government formation but it now seems set to be resolved only after reaching the court.
The parties continue informal dialogue but there is no sign of consensus until now. The parties have been unable to find resolution through dialogue if the impasse deepens if we look at past examples. The recent issue of voting on the constitution amendment bill was also resolved after reaching the court.
The the main opposition party UML had called constitution amendment anti-national and said it will not allow even tabling of the bill. The Supreme Court (SC), however, refused to issue an interim order on the writ petition filed seeking one to stop constitution amendment. The bill was tabled in the parliament only after that.
There is little chance of the parties stepping back from their respective stances even now.
