CJ-led Government – 01

Siddhi B Ranjitkar

The government presided over by the Chief Justice has been set up for holding the elections to a new Constituent Assembly (CA). The Election Commission has been preparing for the elections. However, some political parties including the CPN-Maoist-Vaidhya have been opposing all the political development including the elections, and did not want to participate in the elections. The Nepal Bar Association has been opposing the government presided over by the Chief Justice. The international community has been very happy to see the government made for the elections. UN Secretary-General Ban-ki Moon sent his Under-Secretary General to Nepal to study the current political situation.

After the four major political parties such as UCPN-Maoist, NC, CPN-UML, and UDMF reached a 11-point agreement on the night of the March 13, 2013, then the council of Ministers headed by Dr Baburam Bhattarai made a decision on ‘removing hurdles to the formation of a new government headed by the chief Justice’ and forming a new government presided over by the Chief Justice, and submitted the recommendations for these two things to the head of state President Dr Ram Baran Yadav; then the President administered the oath of the office of the chairman of the Interim Election Council (IEC) in presence of the political leaders, heads of diplomatic missions in Kathmandu, and the high-level officials at the office of the president at 9:00 am on March 14, 2013, Newly appointed Chairman of the IEC Regmi in turn administered the oath of office of two ministers thus making the three-member IEC.

The 11-point agreement reached among the four major political parties included to form a new government, to set up a high-level political committee to guide a new government, and amend 25 Articles of the Interim Constitution of Nepal of 2007 to pave the way for forming a new government presided over by the Chief Justice, and then hold elections in June if not in November 2013.

Some minor political parties including the CPN-Maoist-Vaidhya have opposed the IEC, and even called the IEC illegal. Smart leaders of the CPN-Maoist-Vaidhya had reached the area of the office of the president to oppose the Chief Justice swearing in as the chairman of the IEC. Chairman Mohan Vaidhya, his deputy CP Gajurel, General Secretary Ram Bahadur Thapa Badal, and their cadres were there well before the swearing-in ceremony. They sat on the road blocking the traffic causing immense troubles to common commuters. They simply ignored the fundamental human rights of the common folks to travel without hindrances. They said that forming the IEC under the Chief justice was unconstitutional and dictated by the foreign forces but the same guys committed the grave human rights violation sitting on the roads and blocking the traffic.

Then, these smart guys belonging to the CPN-Maoist-Vaidhya declared the shutdown of the Kathmandu Valley from 12:00 noon to 5:00 pm protesting against the formation of the IEC. Their cadres went to block the vehicles on the roads, and brought the traffic to complete standstill. These cadres broke the car that defied their order to stop running on the roads. Not to encounter the wrath of the Vaidhya-Maoist cadres, public transport buses went to park on the side roads causing the passengers to halt for five hours. Anybody could imagine how much troubles the Maoist cadres have caused the passengers entering the Kathmandu Valley. These guys claimed that they were fighting for the poor and underprivileged people but they denied the rights of the common folks to travel without any troubles.

Chairman of CPN-Maoist-Vaidhya Mohan Vaidhya Kiran boldly said that his party would not allow the IEC to hold elections to a new CA at any cost. What he wanted was a roundtable meeting of all political parties having representation in the dissolved CA but not the elections to a new CA. He declared that his cadres would break the legs of anybody entering villages with the election campaign. He also said that he himself would break the legs of Prachanda and his deputy Dr Baburam Bhattarai if they were to step in villages. However, he did not care about if those legs were to kick him and his cadres on his face and their faces respectively.

These CPN-Maoist-Vaidhya guys also asked the international community means all the diplomatic missions, and UN offices in Kathmandu not to support the IEC for holding elections to a new CA. Ambassadors of the European diplomatic missions in Kathmandu had gone to meet with Chairman Mohan Vaidhya Kiran and his deputies to convince them of the need for participating in the elections but they did not agree on what the diplomats had told Mohan Vaidhya Kiran and his deputies. Now, Mr. Vaidhya had hinted at disrupting the elections stating to break the legs of anybody entering village for election campaign. Mr. Vaidhya’s cadres have started off recapturing the properties thus going back to the period of the conflict.

Leaders of the CPN-Maoist-Vaidhya claimed that their party had the 91 members of the dissolved CA, and it was the third largest party. However, they had failed in even registering it as an independent party at the Election Commission. Even though they had separated from the mother party: UCPN-Maoist but officially they were still part of the UCPN-Maoist as long as they did not register their party. These leaders wanted to bully the rule of law and wanted to impose their will on other political parties.

Some leaders of the minor political parties such as Rastriya Prajatantra Parties have said that the four major political parties have monopolized the IEC; one leader even went to demanding to dissolve the ‘High-level Political Committee’ of the four parties. Speaking to the Nepal Radio anchor hosting the program before 7:00 am morning of March 20, 2013, leader of RPP Pashupati Shumsher Rana said that the four parties appointing seven ministers out of the eight ministers recently included in the IEC has shown that the IEC could not be independent, and consequently, the IEC could not hold free and fair elections. Another leader of RPP-Nepal Kamal Thapa went one step ahead and demanded the dissolution of the ‘High-level Political Committee’ of the four parties, as it would be influencing the IEC if not dictating. However, the IEC was the creation of the four parties, and the appointment of the Chief Justice to the office of the Chairman of the IEC was the doing of the four parties; and it was the result of the consensus of the four parties. They have done so following the Interim Constitution of Nepal of 2007.

The Nepal Bar Association declared the day President Dr Yadav administered the Chief Justice as the Chairman of the iEC as a black day in the history of the Nepalese judiciary. They said that they would continue the protest against the IEC.

Speaking at an event held by ‘Rakta Sanchar Club of Bhaktapur in Bhaktapur March 17, 2013, Chairman of Nepal Bar Association Hari Krishna Karki said that elections would not be possible if the Chairman of IEC Khil Raj Regmi did not quit the office of the Chief Justice, according to the ‘gorkhapatra’ news of March 18, 2013. Chairman Karki also said that the Bar has repeatedly urged the Chief Justice not to take over the office of the Chairman of the IEC without quitting the office of the Chief Justice but ignoring the Bar, Chief Justice Regmi took the office of the Chairman of the IEC. Mr. Karki also charged Regmi with acting for his personal interest rather than for the national. Consequently, political leaders have got the chance of playing with the judiciary; so, it is necessary to force Regmi out of the office of the Chief Justice, said Mr. Karki. (Source: Kathmandumetro.com, Issue 12 of March 24, 2013)

On March 18, 2013, hearing on the writ petition filed by advocates Dr. Chandra Kanta Gyawali and Om Prakash Aryal demanding to put an end to the position of Khil Raj Regmi as the Chief Justice after he was sworn in as the Chairman of the IEC because one person could not hold two positions: one of the judiciary and another of the Chief of the council of ministers at the same time, a single bench of Justice Girish Chandra Lal of the Supreme Court of Nepal issued an interim notice order to the office of council of ministers, office of the president, and chairman of IEC to identify Khil Raj Regmi as only the chairman of IEC not as the Chief Justice because his position as the Chief Justice has been inactivated. This ruling of the Supreme Court of Nepal has muzzled the voices of the politicians and lawyers that the Chief Justice holding the office of the Chairman of the IEC could be a dictatorial.

Following the 11-point agreement, the four parties set up a ‘High-level Political Committee’ on March 16, 2013 to help the IEC in performing its duties. Each party has its two representatives on this committee. Chairman of UCPN-Maoist Prachanda and his deputy Dr Baburam Bhattarai represented their party, President of NC Sushil Koirala and senior leader of NC Sher Bahadur Deuba represented their party, Chairman of CPN-UML Jhalanath Khanal and his deputy Bamdev Gautam represented their party, and Vijaya Gacchedar, and Mahant Thakur represented UDMF on the committee. They agreed to chair the committee in rotation following the representation they had in the dissolved Constituent Assembly (CA). So, Chairman of UCPN-Maoist Prachanda has taken the office of the Chairman of the ‘High-level Political Committee’. After a month, the second largest party will take over the Chair of the committee.

President Dr Ram Baran Yadav issued the ‘Work, Duty and Performance Methods of Constitutional Council Ordinance’ on March 17, 2013 pursuant to the Article 88 (1) of the Interim Constitution of Nepal of 2007. This ordinance opens the door to the government to activate the Constitutional Council that will recommend the names to fill up the vacant positions at the constitutional bodies including the Election Commission. Following the suggestions made by the ‘High-level Political Committee’ of the four major political parties, the IEC has submitted the recommendations for issuing this ordinance to President Yadav. A number of vacant positions have to be filled up at Election Commission, Commission on Investigation into Abuse of Authority, Public Service Commission, and the office of Auditor General.

At the meeting called by Chairman of IEC Khil Raj Regmi at his Singhadurbar office on March 17, 2013, Secretary to the Election Commission Narayangopal Malego said that to hold elections in the third week of June 2013, the vacant positions of the Election Commissioners needed to be filled up immediately, and the government needed to make available Rs 7 billions to the Election Commission on time. Chairman of IEC Regmi in turn said that the government would provide the Election Commission with the money on time, and the government would set up Constitutional Council that would fill up the vacant positions at the Election Commission. Chairman Regime also said that at the same time, the Election Commission needed to make preparations for the elections immediately starting off the administrative preparation, repair of the printing machine, arrangement of ballot boxes, and so on.

The Constitutional Council has recommended Nilkantha Upreti to the vacant position of the Chief Election Commissioner, and former two commissioners such as Ayodhaya Prasad Yadav and Dolakh Bahadur Gurung, and new members such as Mrs. Ila Sharma and Rambhakta PB Thakur to the vacant positions of the Election Commissioners on March 21, 2013 to the head of state to appoint them. A meeting of the members of the ‘High-level Political Committee’ recommended these names to the Constitutional Council presided over by the Chairman of the IEC on March 20, 2013. After the head of state officially appoint them to the vacant positions at the Election Commission, the Election Communication would be able to work with its full strength to hold elections in June 2013.

Federal Democratic Republican Front: an alliance of 19 political parties opting for the federalism and federal states has announced that the 19 political parties would go to the polls with a common manifesto, and they would have common posters, pamphlets, and common slogans. These 19 political parties have been fighting for federalism and federal states. These 19 parties include UCPN-Maoist, UDMF, and other minor parties. Spokesman for the front Prem Bahadur Singh said that the front has entrusted Chairman of the front Prachanda the task of bringing the ethnic party headed by Ashok Rai, and the Madheshi Peoples’ Rights Forum-Nepal headed by Upendra Yadav in the front, as they also have been for federalism and federal states. Ashok Rai had been the Vice-chairman of the CPN-UML but he quit the office stating the CPN-UML had been against the federal states. He set up a separate ethnic party.

Chairman of Interim Election Council Khil Raj Regmi added eight new ministers to his council formed on March 18, 2013. UCPN-Maoist, NC, CPN-UML and UDMF have agreed to form an 11-member IEC. The first IEC formed on March 14 was of only three members including the chairman. Following the advice of the four major parties, the Chairman administered the oath of office of eight ministers in presence of the head of state President Dr Ram Baran Yadav at the office of the president on March 18, 2013. All the ministers are former bureaucrats, according to the ‘gorkhapatra’ news of March 19, 2013. (Source: Issue 12 of March 24, 20133 of Kathmandumetro.com)

UN Secretary General Ban-ki Moon sent his Under Secretary-General for Political Affairs Jeffrey D Feltman to Nepal for studying the political situation after the formation of the IEC. UN Under Secretary-General Feltman arrived in Nepal on March 19, 2013 on a two-day official visit. Speaking to the reporters at the international airport in Kathmandu, he said that he came to Nepal as the representative of the UN Secretary General to study the current political situation in Nepal. He said that the UN committed to assist Nepal in completing the peace process, and in holding the elections in any possible manner. While in Nepal, he met with the president, Chairman of IEC, foreign minister, leaders of major political parties, and heads of the diplomatic missions in Kathmandu.

The European nations and the EU (European Union) have pledged to support the elections to a new CA to be held in this year. They wanted all political parties including the CPN-Maoist-Vaidhya participated in the elections. At the meeting with Foreign Minister Madhav Prasad Ghimire at his office in Singha Durbar on Friday, March 22, 2013, the EU envoys said that they always ready to provide necessary support to hold the elections in a free and fair manner. Talking to reporters after the meeting, Head of the Delegation of the EU to Nepal Dr. Alexander Spachis said, “the Chief-Justice-led Interim Electoral Council (IEC) is meant to hold the election and that the EU is ready to support this task.” "The IEC has the main responsibility to hold the elections and it should concentrate on holding the elections successfully," he said, according to the nepalnews.com.

March 23, 2013