Prez Bhandari skips Article 76 (4) as she initiates new govt formation
KATHMANDU, May 21: President Bidya Devi Bhandari called upon the members of parliament to stake claim for new government formation as per Article 76 (5) of the Constitution of Nepal.
President’s call for new government formation was beyond expectation of the political parties and legal eagles as Prime Minister KP Sharma Oli was supposed to obtain a vote of confidence from the House of Representatives (HoR) within 30 days of his appointment. Oli, Chairman of CPN-UML, was re-appointed in accordance with Article 76 (3) as the leader of the parliamentary party of the largest party in parliament after other political parties failed to stake claim for the majority government formation in the stipulated time frame of three days. Earlier, Oli lost a trust vote in the lower house of parliament.
President Bhandari asked the members of parliament to stake claim for premiership by 5 PM on Friday as ‘there is little prospect for the incumbent Prime Minister to obtain a vote of confidence.’
Prez skips Article 76 (4)
A statement issued from the Office of President on Thursday said that members of parliament are asked to stake claim for a new Prime Minister as per Article 76 (5). President Bhandari, however, skipped Article 76 (5) which states that the Prime Minister appointed under Article &6 (2) or (3) shall obtain a vote of confidence from the House of Representatives no later than thirty days after the date of such appointment.
The Constitution of Nepal , hower, has clearly stated that the President can only initiate process as per Article 76 (5) in the case where the Prime Minister appointed under 76 (3) fails to obtain a vote of confidence under clause (4). Any member of parliament, who can present a ground on which he or she can obtain a vote of confidence in the House of Representatives, is appointed as the Prime Minister by the President.
While the government claims that the incumbent government has a slim chance to win confidence from parliament and it is appropriate to proceed ahead to Article 76 (5), opposition parties, various political leaders and legal eagles say that is a violation of the Constitution of Nepal.
Political analysts claim that Prime Minister Oli is guided by a motive to justify his House dissolution move on December 20 last year. The Supreme Court, however, termed the move unconstitutional and restored the lower house of parliament on February 23.
Responding to the writ petition registered by Rishi Ram Kattel, the apex court on March 7, annulled the merger of CPN-UML and CPN (Maoist Center) to form the Nepal Communsit Party (NCP) and resurrected the UML and Maoist. Though the court asked them to come up with a new name within 15 days, the two parties did not make any initiatives. Consequently, KP Oli lost the majority in parliament.
Two months after the NCP was invalidated, Oli sought a trust vote on May 10, however, lost.
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