The Interim Government (IG) has been formed with the swearing of a 22-member cabinet on April 1 following the signing of a Common Minimum Programme (CMP) by the leaders of the eight-party alliance. The cabinet is yet to acquire its full shape. Since the Prime Minister was to leave for New Delhi to attend the SAARC submit with a new fur in his cap, he included the Maoists in the new cabinet. The formation of an IG is the third stage in the peace process — the first stage being the constitution of the Interim Legislature (IL) and the second the adoption of the Interim Constitution (IC). The first two stages were completed on January 15, one-and-a-half-month behind schedule. The formation of the IG has taken place four months behind schedule as originally an IG was to be formed on January 1.

It is interesting to note that it took about six months to sign the Comprehensive Peace Accord (CPA) after the declaration of ceasefire. It appears that the eight-party leaders often forget that the peace process is a time-consuming affair as they hurriedly fix timeframe for some event, which they eventually fail to meet. Evidently, it has happened in almost all cases. A few months ago, the seven-party alliance signed an agreement with the Maoists in which the middle of June 2007 was fixed as the tentative schedule for holding Constituent Assembly (CA) elections. It now seems that it was not a well-calculated timeframe as the leaders overlooked the natural hiccups emerging in the peace process.

To list some, there was delay in appointing the election commissioners and in framing the law empowering the Election Commission (EC) to start the registration process of voters. Due to geographic limitations, the registration of voters in some high altitude areas is yet to start. The electoral system is yet to be finalised. The constituency delimitation commission is yet

to come out with its recommendations for increase in the number of the constituencies. The overall law and order situation in the country is not satisfactory. The demands of the Madhesis and the indigenous nationalities are yet to be addressed by the government. Calling of bandhs has not stopped. Maoist activities have gone down but not stopped fully to ensure safety of the people. The clashes between the Maoists and other parties are reported in the media. Similarly, the clashes between the Maoists and the Madhesi Janaadhikar Forum are continuing.

All these have rendered the situation not suitable for holding elections. Surprisingly, the EC has called for the registration of the political parties without considering the fact that as per the IC a new party is required to submit the signature of 10,000 voters while submitting its application for registration. When the final electoral rolls for some areas have not been published, it may not be possible for a political party to get itself registered representing the people of those areas. The EC has started consultations with stakeholders on the draft of the Code of Conduct for election, which has to be made realistic. It seems that the IG, without looking back on the delays, wants to go ahead with its proposal to hold elections on June 20 by hook or crook, irrespective of the fact that holding election is the job of the EC and the duty of the government is to facilitate the EC in holding free and fair elections.

Some leaders are publicly speaking in favour of deployment of the Nepal Army or the People’s Army in the election. Ironically, leaders have failed to make distinction between parliamentary and CA polls.

There is a marked difference between the two. In a parliamentary election, forming a government is the foremost task for which in special cases armed forces are deployed, whereas the CA election is based on the concept of involving the maximum number of people representing all segments of society in the electoral process so that they can own the constitution framed by the CA, which is constituted of their representatives. If a substantial number of people are out of the electoral process, the very purpose of the CA is defeated as the constitution passed by the CA will remain outside of their participation and approval. Moreover, the First Past the Post system, which should generally make formation of a government smooth and easy, that has been accepted for 205 seats is not suitable for CA election. The role of the government is always limited in any free and fair election.

In the present context, the Interim Government wants to hijack its role. Neither the IC nor the CMP is clear about the tenure of the IG — whether it will last till the CA is constituted, or if a new constitution will be passed and fresh elections to the House of Representatives held in accordance with the provision of the new constitution. It appears that the eight-party alliance will keep the IG till a new election under the new constitution is held.

Prof . Mishra is ex-election commissioner