Though power has been delegated to Bhagwati Kafle, Secretary at the Commission, pending the appointment of new commissioners as per Article 120 (7) of the Interim Constitution, the CIAA will not be able to take any concrete decision in the absence of its members. [break]
“I can take decisions on my own judgment,” Kafle said, adding, “However, decisions reached by a majority of CIAA members are considered more transparent and credible than individual judgments.”
The CIAA from Monday onwards will run without its chiefs, an acting chief or commissioners. Although a significant number of other constitutional bodies are also running without members and commissioners as many such posts remain vacant, they do have acting chiefs. The CIAA will now have to run without an acting chief for at least two weeks starting Tuesday.
The meeting of the Constitutional Council (CC) held Monday decided to recommend Keshab Baral, a former additional inspector general of police, as commissioner at the CIAA. He will assume his responsibilities only after his name is endorsed by the Parliamentary Hearings Special Committee.
According to existing provisions, the committee will complete the hearings process within 15 days.
Four commissioner´s posts at the CIAA have remained vacant for the last three years.
Acting CIAA chief Lalit Bahadur Limbu and commissioner Bed Prakash Shivakoti retired on Monday.
“I completed my tenure successfully,” Limbu said, recalling his contributions. He added, “We met Prime Minister Madhav Kumar Nepal early Monday and said that we are ready to continue if the government so desires.”
Filling of posts at constitutional bodies that have remained vacant for long has become uncertain as the main opposition party Unified CPN (Maoist) boycotted the meeting of the Constitutional Council (CC) Monday.
Opposition party chairman Pushpa Kamal Dahal is a member of the CC and he boycotted the meeting held at the Office of Prime Minister and Council of Ministers.
Several rounds of CC meetings have already been postponed because of the absence of the opposition leader. Other constitutional bodies like the Election Commission, the Public Service Commission and the Office of the Auditor General have no chiefs and other key members at present.
Dispute among the main political parties over the sharing of positions in constitutional bodies is another reason for the vacuum. The Maoists have been arguing that the current government has no legal basis for appointing anyone to the constitutional bodies.
Starting Monday, nine senior posts have become vacant at the constitutional bodies. Four constitutional bodies have vacancies for heads and other key members. “The vacant posts have affected regular work at the offices. We drew the attention of the Prime Minister over this issue,” Limbu said.
The CIAA has been running for almost three years now without a chief and other commissioners. The Election Commission has two vacant posts, including that of chief commissioner. Neel Kantha Uprety has been working as Officiating Chief Commissioner since then Chief Commissioner Bhoj Raj Pokharel resigned from his post a couple of months ago. Similarly, the Office of the Auditor General has been without a chief for the last two years.
The CC comprises the prime minister, the chief justice, the speaker of parliament, the opposition leader and two ministers nominated by the PM.
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