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Prerogative Of Prime Minister
By KMT Metro Reporter
August 2, 2012: in a statement submitted to the Supreme Court of Nepal as a reply to the show-cause notice, Prime Minister Dr. Baburam Bhattarai has said that it is the prerogative of the prime minister to announce elections following the Articles 37 (2) and 63 (2) of the Interim Constitution and even no need to consult the President, according to the ‘HIMALAYAN NEWS SERVICE’ of yesterday.
Using the prerogative of the prime minister, he said that he declared the elections to a new CA scheduled for November 22 and informed the Head of State on May 27 just before the dissolution of the CA.
Hearing on the Public Interest Litigation case field at the Supreme Court of Nepal by advocate Rajesh Silwal seeking its intervention to annul the election to a new CA declared unilaterally by the Prime Minister, the Supreme Court of Nepal had issued a show-cause notice to the prime minister.
The petitioner had argued that the Article 37 of the Interim Constitution of Nepal of 2007 did not permit the prime minister to declare the elections to a new CA unilaterally but could only recommend to the President to do so, hence the apex court needed to declare it invalid.
Concerning the five top civil officials called secretaries quitting office in protest against the government appointing their junior to the top most position called Chief Secretary passing over them, Prime Minister Baburam Bhattarai today directed other secretaries not to engage in the cheap publicity, according to the ‘HIMALAYAN NEWS SERVICE’.
Five secretaries such as Shyam Prasad Mainali secretary to Public Service Commission, Shankar Koirala, secretary to Election Commission, Sushil Jang Bahadur Rana secretary to Home Ministry, Abanindra Shrestha secretary to Information Ministry, and Trilochan Uprety secretary to Office of Prime Minister and Council of Ministers quit their offices protesting the government promoting their junior Leela Mani Poudel to the top post in the state administration. On Monday, July 30, Shyam Prasad Mainali secretary to Public Service Commission even held a press conference to announce his resignation and told the reporters that the appointment of the junior official passing over the senior ones the government breached the tradition of appointing a senor secretary to the Chief Secretary.
Prime Minister Dr. Baburam Bhattarai told other incumbent secretaries that everybody had the rights to quit the office but s/he did not need to publicize so much about such an issue. Nepalese media had widely publicized the resignations of the five top civil officials.
The government has accepted the resignations of all five dissident secretaries in question opening another five new slots to junior secretaries for promotion.
