KATHMANDU, July 17: Two alliances of major parties are heading on a collision course on formation of a new government after Nepali Congress (NC), CPN (Maoist Center) and other parties filed a no-confidence motion against Prime Minister KP Sharma Oli.
Contrasting interpretations
Both the alliances are sharply divided raising constitutional issues over the formation of a new government. The Prime Minister and NC and CPN (Maoist Center) are interpreting the Article 298 of the constitution on formation of a new government on their own way. Both the alliance are consulting with legal experts on a way forward if the result of the no-confidence test doesn’t comes in their favor.
Sources close to the development said that Prime Minister Oli is in consultations with the legal eagles close to him on proposing the President to dissolve the parliament if the results of the no-trust vote don’t come in his favor. On the other hand, NC and CPN (Maoist) are taking advices from experts what to do on such situation.
Parties mulling impeachment of Prez
Source said that NC and CPN (Maoist) are mulling to impeach the President Bidya Devi Bhandari if she delays formation of a new government after the no-confidence motion is passed by the House.
NC and CPN (Maoist Center) leaders have concluded that the Prime Minister in a strategy to elongate his stay in power by using the President.
Saying that NC and CPN (Maoist Center) won’t keep mum if the President will move against the constitutional provision, a leader said, “If she crosses her boundary, we fill file a impeachment motion against her.”
Top leaders of both the parties had discussed the possible scenarios with scores of legal experts. They have sought their advices on a way forward concluding that the Prime Minister won’t handover leadership by ‘misinterpreting’ the Article 298.
The Prime Minister has been arguing the constitutional provision applies only for a first government after promulgation of the constitution. As a government was already formed as per the provision, the constitution should be amended to form a new government, according to the PM.
Legal experts have told the NC, CPN (Maoist Center) leaders said that there are no obstacles in forming a new government as per the Article.
Constitutional Expert, Surya Dhungel told the NC and CPN (Maoist) leader that there were no constitutional hindrances to form a new government.
‘No obstacle to form new govt’
“It’s wrong to say that the Article can be applied once. The no-confidence motion was filed per the Article 298 and the new government will be formed as per the Article,” he had told the leaders.
Likewise, legal expert Badri Bahadur Karki said that there were no constitutional obstacles in formation of a new government.
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