By RAM KUMAR KAMAT in The Himalayan Times, Dec 2, 2022
The process of forming a new government will start after the Election Commission submits the final parliamentary and provincial election results to the president.
The EC can submit election result report to the head of state only after it completes counting of all ballot papers under the first-past-the-post and proportional representation system. The poll panel has yet to count FPTP ballot papers in Dolakha, Bajura, and Syangja-2 FPTP constituencies.
Senior Advocate Surendra Kumar Mahto said the new government shall be formed within a month of the EC announcing election results. According to him, a new coalition government will be formed under Article 76 (2) of the constitution as no single party had simple majority.
Article 76 (2) stipulates that in cases where no party has a clear majority in the House of Representatives, the president shall appoint as prime minister a member of the House of Representatives who can command majority with the support of two or more parties represented in the HoR.
Mahto said in case the new PM could not be appointed under Article 76 (2) or in case the PM appointed under this article fails to obtain vote of confidence within 30 days, the president shall appoint theparliamentary party leader of the largest party as the new PM under Article 78 (3). The PM appointed under 76 (2) or 76 (3) will have to obtain vote of confidence within 30 days.
In cases where the new PM cannot be appointed under Article 76 (3), the process of forming a coalition government will start under Article 76 (5). The article stipulates that in cases where the prime minister appointed under clause (3) fails to obtain a vote of confidence under clause (4) and any member under clause (2) presents a ground on which he or she can obtain a vote of confidence in the House of Representatives, the president shall appoint such a member as the prime minister. The PM appointed under Article 76 (5) will have to obtain a vote ofconfidence within 30 days. If the new PM cannot be appointed under Article 76 (5) or the PM appointed under this clause fails to prove majority in the HoR within 30 days, the president, on recommendation of the PM, can dissolve the HoR and fix a date of new election.
Nepali Congress Vice-president Purna Bahadur Khadka today met CPN-MC Chair Pushpa Kumar Dahal and discussed political issues, including the formation of the next government. “We agreed that the current coalition should remain intact. The next government will be formed on thebasis of consensus,” Khadka said. He added that they also dwelt on roping in new parties in the coalition.
Article 100 (4) of the constitution bars any member to move no-confidence motion against the PM in the first two years. This clause also stipulates that there should be a gap of at least one year once a notrust motion against the PM is moved in the HoR. Mahto said if a partner in the coalition government splits or if any coalition partner withdraws support, the government may be dislodged anytime.
Meanwhile, Chief of Janmat Party CK Raut today met Prime Minister Sher Bahadur Deuba. Yesterday, Raut had told NC leader Nidhi that he was positive about collaborating with the current coalition.
Janamat Party leader BP Shah issued a press release saying that Raut raised farmers’ woes, citizenship, and problems of unemployment with the PM.
Raut told the PM that his party could collaborate with the ruling coalition at the federal and provincial levels if its concerns were addressed.
Chair of Nagarik Unmukti Party Ranjita Shrestha said the withdrawal of cases slapped against Resham Chaudhary and other political prisoners would be their condition for extending support to any party or coalition or joining government.
In the last few days, top leaders from the ruling coalition have met Resham Chaudhary in Dillibazar prison where he is serving jail time. Chaudhary was convicted in the Kailali carnage.
https://thehimalayantimes.com/nepal/new-government-unlikely-this-year
