By Our Reporter
At a time when the UML leaders have been claiming that the election to the National Assembly was not necessary to form the government, the Election Commission has clarified that election to the NA should be held before announcing the final election results of House of Representatives held under PR electoral system.
About a fortnight ago, The Election Commission has urged the government to frame laws to govern the formation of National Assembly.
Now the EC is delaying to announce the results of PR elections as it is not in position to declare the final results without looking at the structure of the NA, the Upper House.
According to Article 86 of the Constitution, the president will have to call the first meeting of the Parliament, including the National Assembly, within 30 days of announcing final results of parliamentary polls.
The provincial and parliamentary elections were held in two phases – on November 26 and December 7.
But the EC has been unable to announce even the date of the NA election in absence of law.
The government had planned to pass the National Assembly Members Election Bill but it failed to do so since the Nepali Congress differed with the CPN-UML and CPN-Maoist Centre on the contents of the bill.
The National Assembly Members Election Bill was supposed to be passed by the Parliament on October 4. The UML and CPN-MC formed left alliance on October 3, forcing the government to withdraw the bill from the Parliament and send an ordinance to the president.
Later, the NC proposed single transferable vote system in the ordinance which will give some advantage to the opposition parties as well. The NC proposal adds that chiefs and deputy chiefs of local levels and provincial members will elect the 56 members of the National Assembly.
The UML and CPN-Maoist Centre had been opposing the TSV system. Now when the CPN-Maoist Centre has shown its soft corner to the TSV system, UML chief KP Oli is adamant to his stand. As a result, the Ordinance has been pending at the President’s office.
According to sources, President Bidya Bhandari had already s consulted legal experts, including the attorney general, to know whether or not the ordinance conformed with the constitution.
Sources said the she was informed that the ordinance did not conform with the constitution but since there was no Parliament to enact laws, and since there was no other alternative to frame laws to govern the NA election, president was under pressure to endorse the ordinance. She is now telling the party leaders to reach a consensus on the ordinance.
Now when EC is also waiting for the NA elections to announce the final results of the elections to the House of Representatives, the President has no option but to endorse the Ordinance so that the election of the NA could be possible and the path to form the government will be cleared.
As per the constitutional provisions, eight members, including three women, one Dalit and one differently abled or a person from minority community, will be elected from each province. Besides the 56 elected members, the president will nominate three members, including a woman, as recommended by the government in the 59-member National Assembly.