Despite controversy over whether the deputy Speaker is authorised to hold the inaugural meeting of the House of Representatives, Shiva Maya Tumbahangphe chaired the first meeting of Parliament’s winter session on Friday after an agreement between the ruling and opposition parties.

The House rule makes the Speaker’s presence mandatory to begin and close meetings. The House has been without the Speaker after Krishna Bahadur Mahara resigned on October 1 after being charged with attempted rape. Clause 6 of the Regulations reads, “The Speaker shall announce the beginning and closure of every meeting of the House of Representatives.” However, Article 91 (4) of the Constitution of Nepal authorises the deputy Speaker to chair the House in the Speaker’s absence but doesn’t specify whether s/he can announce the beginning and closure of the session.

Amid the confusion, a Business Advisory Committee meeting, which comprises leaders from the parties that have representation in Parliament, was called prior to the House meeting to clear the way.

“After a long discussion, the committee took a practical step of allowing Tumbahangphe to convene the House session,” Gopal Nath Yogi, secretary of the Lower House, told the Post. This is the first time in Nepal’s history where the deputy Speaker started the House session.

Opposition leaders say they agreed for the deputy Speaker to commence the session because it was necessary to clear the hurdles. “In a parliamentary democracy, technical difficulties can be resolved through political consensus,” Nepali Congress Whip Pushpa Bhusal told the Post. “Though the decision is not at par with the regulations, it doesn’t contradict with the spirit of the constitution.”

Friday’s meeting that lasted a few minutes was limited to the formalities where Tumbahanghe read out the letters from President about the commencement of the new session and reshuffling of the Cabinet. The meeting was adjourned after endorsing a condolence motion on the demise of four former parliamentarians—Hari Prasad Dahal, Kamala Kumari Ghimire, Ram Lakhan Mahato and Rameshwor Dhungel.

The House will meet next on December 27 to begin the process to elect the new Speaker. As the constitution requires the Speaker and the deputy Speaker to be from different parties, leaders of the ruling Nepal Communist Party (NCP) say Tumbahangphe would resign before the process begins to elect the new Speaker.

As the ruling party would want to have its leader as the Speaker, Tumbahangphe has to resign for her party to claim the position. “She will resign as the party has already conveyed a message to her to this effect,” said a central committee leader of the ruling party on the condition of anonymity.

Tumbahangphe has staked her claim to the Speaker post saying that she cannot be punished for the crime Mahara committed. The senior-most lawmaker will chair the Lower House until it gets the Speaker if she resigns before the next meeting.

However, as former Speaker Subas Nembang, who is also the deputy leader of the NCP Parliamentary Party, and Agni Prasad Sapkota, a leader close to NCP Co-chairman Pushpa Kamal Dahal, are in the race, it is unlikely that she would get the position.

The main opposition is demanding the Deputy Speaker’s position that will become vacant after her resignation. “It is natural for us to claim the position,” said Bhusal. “If the ruling party wants the House to move smoothly, it will accept our demand.”