Speaker of the House of Representatives (HoR) Krishna Bahadur Mahara has issued a ruling prohibiting debate on the issue of speaker and deputy speaker coming from the same party.
Citing Article 105 of the Constitution that prohibits discussions on any matter that may cause adverse effect on the dispensation of justice on any sub judice case, Mahara ruled that the issue cannot be discussed.
Nepali Congress (NC) lawmaker Laxmi Pariyar had raised the issue in the parliament on Sunday. NC lawmaker Minendra Rizal had also raised the issue in the parliament on Friday. CPN lawmaker Krishna Bhakta Pokharel had commented on Friday that a sub judice issue cannot be discussed in the House.
Advocate Achyut Kharel on May 25 had moved the Supreme Court seeking reelection to ensure that speaker and deputy speaker are from two different parties as required by the Constitution.
Speaker Mahara was elected from the then CPN (Maoist Center) while Shiva Maya Tumbamphe of the then CPN-UML is deputy speaker. The two parties have since unified to form CPN.
Article 91(2) of the constitution requires speaker and deputy speaker of HoR to be from different parties.
But CPN argues that both the speaker and the deputy speaker can continue as they are no longer associated with any party after resigning to assume office.
Clause 33(1) of the act related to political parties, however, clearly states that the lawmaker elected on a party's ticket would be counted from that party even if the lawmaker resigns.
The constitution allows the members of the same party from being speaker and deputy speaker only if there is no representation of more than one party in the HoR or no candidacy is filed by more than one party in spite of representation.
There are currently four national parties in the HoR after unification of UML and Maoist Center. The main opposition Nepali Congress (NC) had supported Mahara for speaker but had fielded Pushpa Bhusal for the post of deputy speaker against Tumbamphe.
