Rastriya Swatantra Party to Elect Parliamentary Leader Following Election Results, Amidst Leadership Debate

Kathmandu. Following the completion of the counting for the House of Representatives elections, the Rastriya Swatantra Party (RSP) is set to move forward with the process of electing its parliamentary party leader.

The Election Commission published the final results of the election held on Falgun 21 this Thursday. According to the results published by the commission, the new party, RSP, secured 125 seats in the first-past-the-post category and 57 in the proportional representation category, totaling 182 seats. While traditional political parties like Nepali Congress, CPN-UML, and CPN (Maoist Centre) are on the defensive, the RSP is seen to be just two seats short of a two-thirds majority.

Since the mandate given to the RSP was for a clear single-majority government, senior leader Balen Shah will become the future Prime Minister. Prior to the election, an agreement of 7 points was reached between party President Rabi Lamichhane and Balen Shah, the former Mayor of Kathmandu Metropolitan City, regarding party and government operations. Point number 4 of that agreement stipulates that Rabi Lamichhane will be the party president, and Balen Shah will be the parliamentary party leader and the candidate for the future Prime Minister. However, arguments are emerging that Balen cannot be nominated as the Prime Ministerial candidate without amending the RSP's party statute. Nevertheless, Joint Secretary-General Bipin Kumar Acharya asserts that the statute is not an obstacle to making Balen the Prime Ministerial candidate, contrary to what is being reported outside. He insists that Balen will become Prime Minister according to the transitional statute, as the party's general convention has not yet been held.

'There is no truth in the rumors circulating outside. We have created a transitional statute because the party's general convention has not been held. I do not think the statute will be an obstacle if the parliamentary party leader is chosen by consensus,' he told Ratopati. 'At the time of the party's formation, we established a system to elect the parliamentary party leader from among the party members before the election to demonstrate the highest democratic practice. Even if there is some issue with the statute, the Central Committee exists. Since a provision has been made for the Central Committee to resolve difficulties and obstacles, there is no problem,' he added.

Acharya stated that the Central Committee meeting can be held after the proportional representation members are finalized, as Party President Rabi Lamichhane is unwell and resting. He claimed that there has been no discussion among the top leaders regarding statute amendment or government formation, as is being reported outside.

'There has been no discussion among the top leaders regarding the kind of media coverage currently happening outside. The Central Committee meeting will be held after the proportional representation members are finalized. We will proceed according to the party's decision,' he said.

Various opinions have been published in the media suggesting that Balen cannot become the Prime Ministerial candidate in the current situation because the provisions in the Political Parties Act, 2073, conflict with the RSP's statute. Section 25, Subsection 1 of the Political Parties Act deals with the provision for the parliamentary party leader.

The Act states: 'Members of the Federal Parliament or Provincial Assembly parliamentary party shall elect one among themselves as the parliamentary party leader as per the direction of the concerned party.'

Subsection 2 of the same Act states that the election of the parliamentary party and other related matters shall be as mentioned in the statute of the concerned party, which has created ambiguity. However, Article 66(8) of the RSP statute provides for an election to select the House of Representatives parliamentary party leader from among the interested candidates selected for the federal election on behalf of the party before the election. Sub-clause (b) of the statute states that all party members shall be voters in the election as per Sub-clause (a).

The statute states: 'An election shall be held to select the House of Representatives parliamentary party leader from among the interested candidates selected for the federal election, both proportional and direct, on behalf of the party before the federal election. All ordinary members of the party shall be eligible to vote in the election as per Sub-clause (a).'

Sub-clause (d) of the statute states: 'An election shall be held to select the House of Representatives parliamentary party leader from among the interested candidates selected for the federal election, both proportional and direct, on behalf of the party before the federal election as per Sub-clauses (a) and (b).'

The provision states that the candidate who secures 50 percent plus 1 vote of the total valid votes cast as per Sub-clauses (a) and (b) shall be the parliamentary party leader on behalf of the party. If no candidate secures 50 percent plus 1 vote, there is a provision for a re-election between the two candidates who received the highest votes.

The statute states: 'In the election as per Sub-clause (a), all ordinary members of the party shall be eligible to vote. In the election as per Sub-clauses (a) and (b), the candidate who secures the number of votes equal to (50%+1) of the total valid votes cast shall be the parliamentary party leader on behalf of the party. If any candidate does not receive the number of votes equal to (50 percent+1) of the total valid votes, a re-election shall be held between the two candidates who received the highest votes, and the winning candidate shall be the parliamentary party leader on behalf of the party.'

Sub-clause (f) of the statute provides for selecting the party leader from among the elected members who were defeated in the parliamentary party leader election.

The statute states: 'Notwithstanding anything written above, if the proposed parliamentary party leader is defeated in the national election or if the post of parliamentary party leader becomes vacant for any reason, an election shall be held to select the House of Representatives parliamentary party leader from among the interested elected candidates on behalf of the party. In this election, all members of the party shall be eligible to vote.'

Article 80 of the statute clearly states that the Central Committee has the authority to resolve any difficulty or obstacle encountered while implementing the statute, as per the provision for removing difficulties and obstacles.

Advocate and statute drafter Yagyaman Neupane asserts that regardless of any provision in the statute, the prior agreement will not be hindered from implementation. 'It was put in place to implement democratic values and norms. But if there is a single candidate for any post, they will be automatically elected. The seven-point agreement cannot be altered. The most important thing is morality. We must move forward by upholding that,' he said.