KATHMANDU, JUL 15 -
With only eight days to go for the deadline given by the Election Commission (EC) to the government to clear legal hurdles for holding fresh Constituent Assembly elections and the constitutional body sending frequent reminders to the government to take initiatives to fill vacant posts of election commissioners, the government is still at sea when it comes to going about doing all this.
The government’s delay in clearing the legal hurdles within July 22 and appoint new commissioners at the EC is likely to further lessen chances of holding the polls.
“We have been drawing the government’s attention to the possible leadership void in the commission,” said EC Secretary Shankar Koirala. While the term of Acting Chief Election Commis-sioner Neel Kantha Uprety is expiring on November 8, commissioners duo Ayodhi Prasad Yadav and Dolakh Bahadur Gurung are retiring on January 11 next year. The posts of two commissioners in the EC are already vacant after former EC chief Bhoj Raj Pokharel and commissioner Usha Nepal retired.
The EC has been saying that it will not be able to hold any election until April next year if polls are not held on November 22, the poll date announced by the government. The EC will not be able to hold elections in 16 mountain districts in the winter season.
Despite all this, the government is in a state of confusion on how to clear the legal hurdles and fill the vacant posts.
“We are still considering on how to deal with the case. A Cabinet meeting on Sunday is likely to take up the issue,” Minister for Information and Communications Raj Kishor Yadav said.
In the absence of a parliament, the government lacks a Constit-utional Council, a body authorised to recommend the election commissioners, and the parliamentary Special Hearing Committee for the endorsement. “Calling a meeting of the Council is not possible and there is no possibility of a parliamentary hearing. The provision of ‘power to remove difficulties’ is an option for appointing the commissioners,” said constitutional lawyer Purna Man Shakya.
Article 158 of the Interim Costitution states that if any difficulty arises in implementing a constiutional provision, the President, on the recommendation of the council of ministers, may issue orders to remove such difficulties.
Shakya said appointment through the President’s orders is also a distant possibility as it requires endorsement of the parliament within a month. “It is possible only if there is consensus among all the parties,” he said. “Another option can be that the outgoing commissioners can delegate their authority to bureaucrats as has been the case with the CIAA,” he said. He, however, expressed doubt on the idea as the delegation of authority to bureaucrats could raise the question of accountability.
Another Constitutional lawyer Bipin Adhikari said the only alternative is the president exercising his
prerogative to issue orders to remove difficulties and retaining incumbent commissioners for a while. “The government and the President should work in unison to make this happen,” said Adhikari. Countering Shakya’s argument, Adhikari said an appointed commissioner cannot delegate his power to bureaucrats. “The delegated power cannot be re-delegated by an appointed official. It is against the constitution,” he said.
Source: http://www.ekantipur.com/2012/07/15/top-story/govt-floored-as-ec-deadline-looms/357158/
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