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Government Under Chief Justice Best Alternative To Hold Elections
By KTM Metro Reporter
February 14, 2013: laying the foundation stone of the Jain Terapanth Building on Biratnagar today, Prime Minister Dr. Baburam Bhattarai said that the formation of a government under the leadership of incumbent chief justice (CJ) was the best alternative to hold fresh Constituent Assembly (CA) elections; the government leadership under the sitting CJ would be suitable, objective and within the legal parameters. “The only alternative to current legitimate government elected by the parliament is a government under the leadership of incumbent CJ,” he said, and expressed his hope that the political parties would be able to build a consensus within a couple of days to end the current political impasse, according to Gorkhapatraonline.com.
A central working committee meeting of the main opposition party: NC has decided not to accept the sitting chief justice (CJ) as the head of the government to hold elections; the NC maintained its earlier decision on forming a government under its President Sushil Koirala; however, the NC would keep all options open to hold the elections in May forming a consensus government, according to Gorkhapatraonline.com.
The CPN-UML has called an emergency meeting of the Central Committee tomorrow after the top leaders of the party failed to decide whether to support the Chief Justice-led government or not. The meeting of the party Standing Committee held at party’s central office, Balkhu today decided to call an emergency CC meeting to sort out the difference among the leaders concerning the formation of the CJ-led government as proposed by the Maoists, according to THT ONLINE of today.
UCPN-Maoist, UDMF, NC, and CPN-UML have made their efforts to build a consensus on forming a government to hold elections. Leaders of these four forces called on President Dr. Ram Baran Yadav at Shital Niwas today morning and discussed the ways and means to break the current political and constitutional deadlock, according to THT ONLINE of today.
Despite the opposition of the Nepal Bar Association to form a government under the sitting Chief Justice Khil Raj Regmi, some legal experts including the Attorney General today said to Prime Minister Dr Baburam Bhattarai that a sitting chief justice could be appointed as Prime Minister to hold CA elections with the clear terms of reference. “This is a rare situation so he can be appointed PM of an election government,” constitutional law expert Purnaman Shakya said after a meeting with the PM. According to him, the Article 106 (1) and (2) of the constitution does not bar appointment of CJ to a PM as it only prohibits deputation of judges to non-judicial positions. “Investing executive power does not fall under such a category,” Shakya interpreted. He however, advised that such a precedent should not be repeated because it is a necessary evil of the hour. Stating that the parties had failed to give a government, Shakya said this could be the best option for rescuing the country from the current impasse, according to HIMALAYAN NEWS SERVICE of yesterday.
CPN-Maoist Chairman Mohan Baidya called on President Dr Ram Baran Yadav yesterday and informed the latter that proposal to constitute a government under the leadership of Chief Justice was not acceptable to his party. During the meeting at the Shital Niwas office of President, Chairman Baidya underlined the need for finding out a prime ministerial candidate from within the political parties, according to the RSS news posted on thehimalayantimes.com of yesterday.
