President removes constitutional difficulty to elect new PM

KATHMANDU: President Bidya Devi Bhandari on Monday issued an order to remove the constitutional difficulty pertaining to electing a new Prime Minister under the Transitional Provisions of the Constitution.

Earlier on Sunday, the Cabinet had recommended the Head of the State to use Article 305 of the Constitution to let the House elect the Prime Minister as per the Article 298 again.

Concluding that the constitutional provision was not clear enough to elect the Prime Minister after the incumbent PM is unseated, KP Sharma Oli-led Cabinet had recommended the President to use Article 305, before Oli put in papers yesterday itself.

Now, a Prime Minister can be elected following clause 2 or 3 of Article 298 of the Constitution after the order, according to the President's Office.

What’s in the Article 305

Power to remove difficulties: If any difficulty arises in connection with the implementation of this Constitution until the commencement of the first session of the Federal Parliament, upon being elected in accordance with this Constitution, the President may, on the recommendation of the Government of Nepal, Council of Ministers, issue necessary orders to remove such difficulty; and such orders must be submitted to the Legislature-Parliament or Federal Parliament, held immediately after the issuance of such orders, for approval.

What's in the Article 298

Provisions relating to formation of Council of Ministers:

(1) The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers set forth in clause (2) is formed.

(2) The Prime Minister shall, on the basis of political understanding, be elected no later than seven days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution, and after the date on which the session of the Legislature-Parliament summoned in accordance with clause (6) of Article 296 commences where the Legislature-Parliament is in recess, and a Council of Ministers shall be formed under his or her chairpersonship.

(3) In the event of failure to have an understanding under clause (2), the Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament.

Prez invites top leaders for meeting


Meanwhile, President Bidya Devi Bhandari has invited top leaders of three major political parties to discuss latest political developments at her office, Sheetal Niwas.

Nepali Congress President Sher Bahadur Deuba, CPN-UML Chairman KP Sharma Oli and CPN Maoist Centre Chair Pushpa Kamal Dahal are invited to hold consultations on the latest political scenario developed after Prime Minister KP Sharma Oli resigned from the post on Sunday.