While a section of political leaders have argued that Regmi should immediately step down as head of the judiciary to appease the agitating parties and pave the way for polls within the stipulated timeframe, a majority of other political leaders are against the idea.[break]
On Friday, senior CPN-UML leader and former prime minister Madhav Kumar Nepal argued that Regmi would do well to step down as chief justice to create an environment for polls. Addressing the 11th convention of Nepal National Teachers Organization in Kathmandu, Nepal said many controversies surrounding fresh elections would be resolved once Regmi steps down.
Echoing UML leader Nepal, Rastriya Prajatantra Party Chairman Pashupati SJB Rana has also been demanding at various public functions that Regmi resign from the post of chief justice in order to bring the agitating parties on board the election process.
Nepal and Rana are among several other leaders who have stood in favor of Regmi resigning from the post of chief justice to ensure the separation of powers.
But the question arises: Is that so easy from a constitutional point of view? And also there are lingering doubts: Will the agitating parties, including the alliance headed by Mohan Baidya-led CPN-Maoist, really choose to be part of the election process once Regmi is made to resign as head of the judiciary?
Constitutionally speaking, Regmi´s resignation is easier said than done. If the parties really want him to step down as chief justice, they should all be prepared to strike a fresh deal beforehand.
In point 1.4.1 of the 11-point political agreement reached among the four major political forces--UCPN (Maoist), Nepali Congress, CPN-UML and United Democratic Madhesi Front -- on March 13, there is agreement that the incumbent chief justice of the Supreme Court would head the interim council of ministers to be formed for holding the fresh constituent assembly (CA) elections.
Since the 11-point political deal subsequently became part of the Interim Constitution of Nepal 2007 through an ordinance for removing constitutional difficulties, the parties will face two remaining choices: either reach a fresh political deal on the head of the interim poll government and recommend to the president to amend the statute, or accept current Acting Chief Justice Damodar Prasad Sharma, who will become chief justice once Regmi steps down, as new head of the Interim Election Council.
All this will turn out to be nothing but opening a Pandora´s box for the parties that took almost 10 months to reach the 11-point deal and break the political deadlock that ensued after the dissolution of the CA on May 27, 2012 without promulgating a new statute. If the parties agree to amend the term ´incumbent chief justice´ to ´former chief justice´, for instance, there may still be unnecessary debate on picking a name from among the nearly one dozen surviving former chief justices to head the poll government.
This will only jeopardize the prospects of holding the poll by mid-December, as agreed among the four major political forces.
Secondly, there are enough grounds to be skeptic whether the agitating political parties will join the election process once Regmi steps down as chief justice. “I really have doubts over Baidyaji participating in the election process even if Regmi steps down as chief justice. Resignation by Regmi will only complicate the situation,” argued Nepali Congress leader Dr Ram Sharan Mahat.
Dr Mahat said the parties should instead agree to expedite election preparations and hold the poll within the stipulated timeframe if they want to see Regmi not wearing two hats.
“Why not we create an environment for holding the poll at the earliest? Regmi will automatically be relieved of the post of executive head once elections are held,” he added.
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