As the Parliamentary Hearing Committee resumed its interrogation on Wednesday, calls grew louder not to appoint election commissioner nominee Krishna Man Pradhan to the position.

Just as the hearing began, the National Human Rights Commission issued a statement, urging the stakeholders not to appoint at constitutional commissions and other state agencies people being investigated for criminal offences or those who have been morally questioned.

“A serious attention of the commission has been drawn to the information that people facing criminal cases or those who have questionable moral grounds are being appointed to the constitutional commissions or other government agencies,” read the statement.

Though the statement doesn’t mention Pradhan’s name, a senior official at the commission said it was aimed at his appointment.

During the hearing, cross-party lawmakers asked Pradhan how he would defend the serious allegations of sexual violence and whether he was morally corrupt. Most members of the 15-strong committee had asked him as to how he is eligible to hold the constitutional position despite the serious allegations.

“My voters have questioned how I can endorse such a person for a constitutional position. We will have to take the blame if your name is endorsed. How can we do that?” Ishwari Gharti, a CPN-UML lawmaker, asked.

Nepali Congress lawmaker Gyanedra Bahadur Karki asked Pradhan to prove that he has a high moral ground to hold the position as demanded by the constitution. “Allegations against you are complex and serious. What have you got to say?” he questioned.

In defence, Pradhan said that the issue was settled in the court, and both sides—he and the woman—had agreed not to raise it further. “The issue that was settled in the court has been brought back with a mala fide intent,” Pradhan claimed.

However, most lawmakers were not convinced. A Congress lawmaker said Pradhan had accepted his wrongdoing by saying that the issue had been settled in the court.

“It is clear from his own statement that the complainant’s claim is true. Even if it has been settled legally, serious moral questions remain,” said the lawmaker. “I am not convinced he fulfils the constitutional criteria to hold the position.”

Article 245 (6) of the constitution lists the qualifications for the chief election commissioner and the commissioners, including the qualification of high moral ground.

The committee on July 4 held discussions with a complainant with a plan to quiz Pradhan the next day. However, the hearing process was postponed indefinitely after the complainant claimed that Pradhan had exploited her sexually for five years.

The victim has presented the evidence of complaints and the documents to prove it was settled in court, along with the audio record to show how she was exploited. Appearing before the committee, she claimed that Pradhan used his power to prevent her from filing police complaints.

“I filed the complaint [with the committee] to stop such a morally corrupt person from taking the constitutional position. How can you approve his nomination?” she questioned the lawmakers on the committee.

Even though the hearing was completed, the committee couldn’t make a decision on Wednesday. “We have a tough decision to make. A proper decision will come out, one which is sound on both legal and moral grounds. We will decide by Sunday,” Mahesh Bartaula, the UML chief whip who also is a member of the committee, told the Post.

The Constitutional Council, headed by then-prime minister Pushpa Kamal Dahal, who also chairs the CPN (Maoist Centre), unanimously nominated Pradhan for the position on June 16. Speaker Devraj Ghimire, National Assembly chair Narayan Dahal, Chief Justice Bishowambhar Prasad Shrestha, and Deputy Speaker Indira Rana approved the nomination without questions. Nepali Congress President Sher Bahadur Deuba, who was leader of the main opposition at the time, also gave his stamp of approval.

If the committee doesn’t decide in a week, Pradhan will automatically get the position.

Legally, the committee must decide on the Constitutional Council's recommendations within 45 days; otherwise, the recommendation is considered endorsed.

Clause 26 (2) of the Federal Parliament Joint Meeting and Joint Committee (Work Execution) Regulation states that the appointment of the nominee will be unaffected if the committee fails to send its opinion to the authority concerned within 45 days.

Samim Miya Ansari, the chairman nominee for the National Muslim Commission, got the position in 2019 after the committee failed to do its duty within the deadline.

A two-thirds majority of the 15-strong committee, which has lawmakers from both chambers of Parliament, can reject the nomination.

Pradhan is the executive director of Nepal Law Society. An expert on electoral reforms and governance, he has held this position since 2000 and reportedly has a good rapport with political and judicial leaderships.