Kathmandu, March 9

Nominee for chairperson of the Muslim Commission Samim Miya Ansari, who landed in controversy for allegedly submitting fake citizenship certificate, is all set to head the constitutional body due to failure of the Parliamentary Hearing Committee to take a decision on his appointment.

The Constitutional Council had recommended Ansari for the post on January 20 and forwarded his name to the PHC on January 24.

As per the constitutional provision, the PHC gets 45 days to either approve or reject candidates recommended by the council. If the committee fails to decide within this period, the candidate is considered eligible for the post. Also, if the PHC fails to reject the candidate with two-thirds vote, the person is automatically endorsed.

With the deadline for the PHC to decide on Ansari’s appointment expiring today, the PHC’s indecision has paved the way for Ansari to lead the commission.

PHC Chair Laxman Lal Karna said a decision was elusive as PHC members representing the Nepali Congress and the Federal Socialist Forum-Nepal boycotted the hearing process. “Since Ansari has not been rejected by two-thirds vote, he is automatically endorsed,” said Karna. “This is how our law is.”

The committee comprises 15 members, of which nine are from the ruling Nepal Communist Party, four from the NC, and one each from Rastriya Janata Party-Nepal and FSF-N.

NC members boycotted the PHC’s meetings to protest the CC’s recommendation of chairs of five constitutional bodies in the absence of the leader of opposition in violation of the constitutional provision.

Rajendra Shrestha, another PHC member representing FSF-N, boycotted the meetings, as the chief of his party — Upendra Yadav — is said to be unhappy with the nominations. On the other hand, committee Chair Karna can cast his ballot only if there is a tie in the voting process.

Right after the CC recommended Ansari as chair of the Muslim Commission, it came to be known that he had submitted fake citizenship certificate. Kathmandu District Administration Office stated that Ansari’s original citizenship certificate mentioned his date of birth as 10 October 1980, whereas the one he presented mentioned 10 October 1973. His high school academic certificates are also questionable as he obtained them from India and took around 14 years to get them attested from authorities here.

When these revelations were made, it was also known that Ansari was a central committee member of the NCP and had filed candidacy in the last election under the proportional representation system. This made him ineligible for the post because political party members are barred from constitutional bodies.