Nepali Congress (NC) leader Krishna Sitaula read out clause 60 of the House of Representatives (HoR) Election Act 2017 including its sub clauses to President Bidhya Devi Bhandari Friday evening, Setopati has learned.
Prime Minister (PM) Sher Bahadur Deuba, who had gone alone to meet President Bhandari earlier, had taken other NC leaders including Sitaula along when she again called PM Deuba for consultation to end the stalemate on the ordinance about election of National Assembly Friday evening.
NC leader, who is a lawyer by training, asked for a hard copy of the HoR Election Act 2017 with President Bhandari's personal secretary Bhesh Raj Adhikari and read the clause 60 to make the party's point.
After determining the number of seats the parties will get for HoR through the proportional representation (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, according to the clause.
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. 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, according to the clause.
"Many friends argue that National Assembly is not necessary for allotment of HoR seats through PR system as the National Assembly will be inclusive in itself. But they have said so in ignorance. We have made this clear to many during discussions," Sitaula told President Bhandari during the meeting that lasted for around an hour, Setopati has learned.
"We must understand that formation of National Assembly and HoR are inter-connected. We must understand that the HoR cannot become complete before election of the National Assembly. PM cannot be appointed before the HoR is completed," Sitaula argued.
The President's Office, that had earlier informally called the ordinance unconstitutional pointing that Single Transferable Vote system is not mentioned in the Constitution, seems to have changed its position on constitutionality of the ordinance now that experts have clarified that Single Transferable Vote system is also a type of PR system that is mentioned in the Constitution. "There is no need to say anything about whether the ordinance is in accordance to Constitution or not now," President Bhandari reportedly stated during the meeting.
"I know there will be tension if I were to call all the parties together for consultation. I have, therefore, been calling each party separately for consultation," she reportedly said at the start of the meeting. "I have already called the left alliance and have told them to seek resolution through consensus. I have now invited you today," she added.
"Please do send the ordinance after authentication, everything will be resolved. I want to leave the Singha Durbar, I don't wish to stay longer," PM Deuba was succinct and short as is his wont when President Bhandari asked him and NC leaders how can the current deadlock be ended.
Senior NC leader Ram Chandra Paudel explained in detail about the spirit of National Assembly. He argued that it is an assembly of matured heads that can bring maturity if the HoR starts to display immaturity and added that Single Transferable Vote system will ensure that mature heads get into the National Assembly.
"As far as the ordinance is concerned, it is the government's prerogative. You cannot think about alternatives once the government sends it to you. You may return it back to the government once but please do not do that. The government will send this very ordinance back to you. You must, therefore, move forward by authenticating it," Paudel reportedly opined.
Bimalendra Nidhi spoke after Paudel finished and pointed how PM Deuba does not have any role in formation of the new government that is started by the President's Office after being informed about the final results of HoR. He explained how the President's Office does not know about the final results of HoR on its own and has to be formally informed by the EC about it. "But the EC must follow certain legal processes before sending the final results to you. "Formation of the National Assembly is connected to the HoR and the HoR can be completed only after election of the National Assembly," Nidhi argued.
Nidhi also reminded President Bhandari about how she has been sitting n the ordinance for over two months. "We had sent it to you before the HoR election. So, the ordinance was not drafted by looking at who got majority in the parliament," he stated.
"I agree that the bill about the election of National Assembly should have been passed by the House but it could not be passed by the House. We need the act for election of the National Assembly. Ordinance was the only way remaining for that. We had sent it to you in time. This has not been sent recently," he pointed.
President Bhandari said many things have become clear after hearing all the NC leaders speak. "It will be easier once we consult with all the parties," she reportedly sad. She, however, did not speak anything about whether she will issue the ordinance or not.
She continued the consultation even on Sunday and met Federal Socialist Forum Nepal (FSFN) leaders Sunday morning. FSFN Chairman Upendra Yadav told her that there is no alternative to issuing the ordinance. "The ordinance says election for the National Assembly will be held in Single Transferable Vote system. We also support that. This ordinance should, therefore, be authenticated," Yadav told President Bhandari, according to press advisor to FSFN Mahesh Chaurasiya Chaurasiya.
President Bhandari will also consult with Rastriya Janata Party Nepal (RJP) leaders on dispute about the ordinance on election of the National Assembly Sunday itself.
Formation of the new government has been stalled as President Bhandari is sitting on the ordinance for over two months with the parties divided on whether the election for National Assembly should be held in Single Transferable Vote system or majority system.
PM Deuba had also called an all-party meeting Friday morning to end the current political stalemate but that failed to reach any conclusion with the leaders standing firm on their respective stance. The five parties that managed to become a national party through the recent parliamentary elections--CPN-UML, NC, CPN (Maoist Center), RJP and FSFN--were present in the meeting.
RJP and FSFN leaders supported the ordinance sent to the President's Office for authentication during the all-party meeting and insisted that the election for National Assembly should be held in Single Transferable Vote system.
The left alliance has been demanding that the Election Commission (EC) should announce the final results of House of Representatives (HoR) and send that to the President’s Office before formation of the National Assembly.
The government and NC insist that the EC can determine the number of women each party will have to send to the HoR only after formation of the National Assembly.
The next government cannot be formed until the EC sends the final results of HoR to the President’s Office.
