National
Opposition parties discussing impeachment motion against President
It has called the President’s call for the formation of a new government without Oli seeking a vote of confidence in the House, unconstitutional.Post Report
Opposition parties Nepali Congress, Communist Party of Nepal (Maoist Center) and the Upendra Yadav faction of the Janata Samajbadi Party as well as the Madhav Kumar Nepal group of the CPN-UML are holding a meeting to discuss initiating an impeachment motion against President Bidhya Devi Bhandari.
The parties are mulling registration of an impeachment motion against the President and a no-confidence motion against Prime Minister KP Sharma Oli.
“We are not going to stake a claim to the new government. Instead we are discussing impeaching the President,” a senior Nepali Congress leader told the Post.
Maoist Centre Chair Pushpa Kamal Dahal has also hinted that an impeachment motion is likely to be registered against the President.
“We are in discussion with other parties,” Dahal told reporters on Friday morning ahead of a meeting of the opposition parties that is underway at the residence of Nepali Congress President Sher Bahadur Deuba in Budhanilkantha.
Likewise, opposition parties are also discussing forming a new government and waiting for the decision of the Madhav Nepal faction of the UML.
Leaders say the Madhav Nepal group has assured that around 20 of its lawmakers will resign, which will reduce the strength of the House from 271 to 251, thereby bringing the magic number down to 126.
“The Madhav Nepal faction left the meeting saying it would give its decision by 2pm,” a leader of the Nepali Congress, who did not want to be named, said.
Yadav, one of the chairs of the Janata Samajbadi, is also confirming the numbers of lawmakers that can support the opposition.
Friday’s exercise follows President Bidhya Devi Bhandari’s invocation of Article 76(5), asking parties to form a new government on the recommendation of Prime Minister Oli.
They have termed both Oli and Bhandari’s acts unconstitutional.
The President, on the Cabinet’s recommendation, had called for the formation of a new under Article 76 (5) bypassing Article 76 (4) as per which Prime Minister KP Sharma Oli, appointed prime minister as the leader of the largest party in Parliament under Article 76 (3) on May 13, should seek a vote of confidence within 30 days.
Article 76 (5) is invoked only when the prime minister appointed Article 76 (3) fails a vote of confidence.
Article 76 (5) says in cases where the prime minister appointed under Article 76 (3) fails to obtain a vote of confidence and any member presents a ground on which he or she can obtain a vote of confidence in the House, the President shall appoint such member as prime minister.
Experts of constitutional affairs have also criticised Oli’s move for recommending the formation of the new government without putting the resignation. Oli who is the Prime Minister under 76(3) has yet to win the vote of confidence from the house. Without taking a vote of confidence or resignation from the post, the process of government formation can not begin under 76(5), experts said.
Following his reappointment on May 13, after losing a trust vote in the House on May 10, Oli is constitutionally bound to prove in the House within 30 days—by June 14—that he has the confidence of the House.
After his trust motion failed in Parliament on May 10, President Bhandari had given the political parties until 9pm of May 13 to form a new government as per Article 76 (2). But the parties failed. President Bhandari then appointed Oli prime minister as per Article 76 (3) as the leader of the party with the highest number of members in the House.
As per Article 101 (1) of the constitution one-fourth of the members of the House of Representatives can register an impeachment motion against the President on grounds of serious violation of the constitution and federal law.
A meeting of Nepali Congress office-bearers Friday morning has also discussed the registration of an impeachment motion against the President.
Party President Deuba had called a meeting of present and former office bearers and senior party leaders on Friday morning in order to discuss the President's move and possibilities of government formation under 76(5).
“The President calls for the formation of the new government as a totally unconstitutional move,” Prakash Sharan Mahat, joint secretary-general of the party said after the meeting, “We discussed all possible means to stop the President and the prime minister to form a new government and further tamper with the constitution and are thinking about registering an impeachment motion against the President.”