KATHMANDU, MARCH 23
President Ramchandra Paudel has put on hold the government's recommendation to nominate Home Minister Om Prakash Aryal, as a member of the National Assembly.
A Cabinet meeting held on March 15 had recommended Aryal as a member of the Upper House of the Parliament. That recommendation had already reached the President's Office last week.
President's Press Advisor Kiran Pokharel told THT that the President had put on hold the government's recommendation as he was considering the constitutional provision and the fresh mandate.
"A new public mandate has just emerged, and a representative government is in the process of being formed. The President has taken this into consideration, Pokharel said adding that there were also some constitutional reasons.
In the 59-member NA, the government has the power to nominate three members and two members- Anjan Shakya and Narayan Prasad Dahal had already been nominated to the NA in the past. This time since there is one member still left for the government to recommend, the Sushila Karki government recommended Aryal as NA member.
Pokharel said that Aryal's nomination was under consideration also because a writ petitions challenging Aryal's nomination has been filed at the Supreme Court. Advocate Manish Kumar Shrestha, and others have challenged the Karki-government's nomination.
Petitioners have cited Article 87 of the Constitution that defines the qualifications for a federal parliament member. It states that a person must not hold any "office of profit."
Clause (1)(e) specifies this requirement. The explanation defines an "office of profit" as any position that provides remuneration or financial benefits from the state treasury, except political positions filled through election or nomination.
In 2017, Sher Bahadur Deuba-led government had appointed Gopal Basnet, Chandani Joshi and Krishna Prasad Paudel to the National Assembly.
However, then President Bidya Devi Bhandari did not nominate them to their posts citing detailed studies in their nomination.
After a new government was formed under KP Sharma Oli, the new government nominated three members -- former Yubaraj Khatiwada (Jhapa), Ram Narayan Bidari (Makwanpur), and former NPC member Bimala Poudel Rai (Morang) to the National Assembly.
President Bhandari nominated them to the NA.
Out of the 59 members in the National Assembly, 56 are elected by provincial assembly members and local representatives and three are nominated by the President on the government's recommendation. At least one of the nominated members must be a woman.
Currently, two nominated members are in place- Narayan Prasad Dahal and Anjan Shakya, and one seat became vacant after Bamdev Gautam resigned before completing his term. That vacancy remains unfilled.
The President believes the new government should have the opportunity to make such recommendations.
The oath-taking of newly elected House of Representatives members is scheduled for March 26, and the new Prime Minister is expected to be sworn in on March 27. Hence, the decision has been put on hold until the new government is formed.
Many Gen Z leaders have also opposed the Karki government for recommending Aryal to the NA saying that PM Karki's decision to recommend Aryal as an NA member was a clear case of conflict of interest and thus against the spirit of Gen Z movement that opposed nepotism and favouritism.
