No ambiguity at all on formation of new govt, say legal experts

  • ‘I broke the alliance after sensing the political course could crash if the coalition continued’

Kathmandu, July 16

Legal experts today told Nepali Congress and CPN- Maoist Centre leaders there was no constitutional ambiguity on forming a new government by voting out Prime Minister KP Sharma Oli through vote of no confidence under the transitional provision.

NC and CPN-MC, which have allied to unseat Oli and form a new government under CPN-MC Chairman Pushpa Kamal Dahal, today held consultations with constitutional experts at the NC’s parliamentary party office in Singha Durbar.

The meeting was held to make clear the constitutional provision regarding formation of new government and also to ascertain whether it is true there is no clear constitutional provision on unseating Oli during the transitional period.

Eighteen experts told NC and CPN-MC leaders that Article 298 is clear about formation of a new government. “Parliament forms and unseats a government as per existing constitutional and legal provisions and international parliamentary practice also follows the same path. KP Sharma Oli formed the government in accordance with Article 298 and a new government can be formed under the same provision,” constitutional expert Surya Dhungel told reporters.  Once the incumbent PM exits after a vote of no confidence, the president should call on political parties to produce a consensual prime ministerial candidate within seven days, Dhungel said, adding, “If the parties fail to do so, Parliament can begin the process of selecting a new PM on majority basis.”

Senior Advocate Badri Bahadur Karki said since 298 (13) has provisioned that “a motion of no confidence shall not be tabled more than once in six months against the same prime minister,” the logic that the next government can’t be formed under the transitional provision is baseless.

NC leader Ramesh Lekhak said Oli’s government would be toppled under Article 298 and a new government would come as per the same Article. “There is no logic in opting for Article 76 that mentions provisions for normal situation after the transitional period ends,” Lekhak said.

CPN-MC lawmaker Ram Narayan Bidari said consultations were held after the PM and his legal aides tried to create illusions regarding formation of the new government.

‘Oli was favouring monarchists’

KATHMANDU: CPN-MC Chair Pushpa Kamal Dahal told the meeting that he had to break alliance with the UML as PM Oli was bent towards pro-monarchists and was ignoring values of the federal republican system.

“During the nine-month stay in government I did not feel Oli held the republic spirit. Rather, he was always bent towards pro-monarchist forces,” Dahal said during the meeting, according to sources.

Stating that the PM and his party was creating rumours, Dahal said he had to form a new alliance after he felt that the entire political course could crash if the Oli-led coalition continued further.

Dahal said the PM could not accept a change of guard in the normal way and was taking it as a matter of “ego”.

NC President Sher Bahadur Deuba said the steps taken by the NC and CPN-MC were constitutional and no trivial thing could hinder it.