KATHMANDU, Sept. 22: Legal practitioners and constitutional experts have been divided over the legal and constitutional legitimacy of the consensus forged among the major parties for re-election of the Constituent Assembly (CA) and formation of national consensus government for this.Various legal practitioners floated different ideas in this regard while speaking at a face-to-face program organized here on Saturday by Reporters Club.

Chairperson of the Nepal Bar Association Prem Bahadur Khadka said that no constitutional and legal arrangement could challenge the idea of going for election to know the fresh mandate of people and recommended to go for election by forming national consensus government.

He further said the President should call on the political parties in line with clause 38 (1) of the Interim Constitution by giving definite time for the parties to go for elections.

Expert Dr Bhimarjun Acharya said the constitution would not impede to go for fresh election as election is a process to reflect people´s supremacy, arguing that there is no need of amending constitution for holding election in the country.

He also ruled out activating the provisions of the Interim Constitution since all the constitutional arrangements were automatically nullified with the dissolve of the CA reasoning that the election-related provisions specified in the statute were merely for the holding of CA elections.

Advocate Tikaram Bhattarai stressed the need to form a consensus government as Prime Minister Dr Baburam Bhattarai-led government could not hold free, fair and impartial election.

He further said the best option is either to propose the name of another prime ministerial candidate by the incumbent Prime Minister or the President should seek names from the political parties.

He made it clear that the President could end up the process accordingly that he had already initiated for forming new government through the notice on May 29.
Constitutional expert Dr Chandra Kanta Gyawali said elections could not be held without reinstating the parliament, which is also a must for the amendment of constitution.
UCPN (Maoist) leader Khim Lal Devkota said no law would prevent from going for elections, adding that the incumbent government would not step down without consensus since there are no legitimate bases for this.




Source: myrepublica.com