The CPN-UML made two contradictory moves on Tuesday, registering the party for the March 5 elections while simultaneously filing a writ petition demanding the reinstatement of the dissolved House of Representatives.

The second-largest party in the dissolved parliament had publicly been distancing itself from the elections. It maintained the mid-term polls cannot be held by the incumbent ‘unconstitutional’ government. UML leaders had been reiterating the same message.

However, on Tuesday, a team led by party’s election department chief Niraj Acharya moved to the Election Commission to get the UML listed for the March 5 polls. At the same time another UML team led by former chief whip Mahesh Bartaula filed a petition in the Supreme Court demanding the ouster of the Sushila Karki government and reinstatement of the House of Representatives, which was dissolved on the night of September 12. The dissolution came after the then Congress-UML coalition government led by KP Sharma Oli was toppled amid youth-led anti-corruption protests in which dozens of unarmed demonstrators were killed by police.

The UML leaders have their own justification. Rajendra Gautam, chief of the party’s publicity department, claimed they never said they would boycott the elections if held in a free and fair manner. “Our concern is that this government is neither legitimate nor capable of conducting fear-free elections,” he said. He claimed they went to the commission to update the party’s registration.

Gautam claimed listing the party for the election and filing the petition should not be viewed through the same lens. “We believe the House dissolution is unconstitutional, therefore, is a matter of constitutional review. “This move [of filing writ petition] is about safeguarding the constitution and constitutionalism,” he said.

The UML’s petition argues that appointment of Karki as a prime minister is unconstitutional because being a member of the lower house is a must to become the country’s executive head.

“Since Sushila Karki was appointed prime minister unconstitutionally in contrary to Article 76 and Article 132(2), her appointment is prima facie unconstitutional,” reads the petition that demands an order to oust her government.

The petition says the lower house can only be dissolved constitutionally when all options to form a government from the House have been exhausted. Also, that a non-member of parliament cannot dissolve the House, it claims.

The decision to dissolve the House of Representatives on September 12 by the President on sole recommendation of Prime Minister Sushila Karki should be quashed and the lower house be reinstated while all state organs and bodies existing on that day should continue functioning as before, as per the UML’s petition.

The party also demands that the process of government formation be restarted in accordance with Article 76 of the constitution once the House is reinstated.

“Since Prime Minister KP Sharma Oli has already resigned, an order should be issued to the President to initiate the process of forming a new government as per Article 76 of the constitution,” reads the petition.

Even as the party claims, the move was for the protection of the constitution and constitutionalism, experts believe it is just a tactic to keep options open. By registering with the commission, the UML along with other parties have shown readiness to contest the polls, they say. “The UML, like others, knows that participating in the elections is the legitimate way to be in power,” said Sanjeev Humagain, who teaches to PhD students in the Tribhuvan University and Nepal Open University.

He added that in the beginning the party did not have confidence as it was cornered through protests. However, of late it has come aggressively to the forefront. “It might have realised it still has a hold on the ground. Also, the lack of strong political mobilisation by new forces could have boosted its confidence,” said Humagain. “The new forces that are trying their luck in the upcoming elections have yet to create a momentum that was expected earlier.”

At least 25 new political parties have been registered with the commission as of Tuesday while 18 others are in the pipeline. Similarly, 80 parties have already been registered to contest the March 5 polls. The deadline to get registered as a new party and for the lower house polls ends Wednesday.