At a meeting called by UML Chairman Jhalanath Khanal at the party´s headquarters in Balkhu, Wednesday, the lawyers floated three different opinions about Paudel´s status as the prime ministerial candidate. [break]
While some lawyers argued that Paudel´s candidacy has become defunct after the House session was prorogued, others were of the view that he would continue to remain the PM candidate as the president´s directive to the House to elect new prime minister on the basis of Article 38 (2) has not been answered by parliament.
According to lawyer Hari Phuyal, who was present at the meeting, some lawyers argued that Poudel´s candidacy cannot be dismissed as it is a special resolution introduced by the president. "There is no ground on which to dismiss Poudel´s candidacy as the business given by the president has not been completed yet," he told media persons after the meeting.
Likewise, some other lawyers argued that fresh process to elect prime minister as provisioned in the Article 38 (1) of parliamentary regulation should be initiated in the light of recent Supreme Court verdict.
However, the party made no such decision in that regard, according to Bharat Mohan Adhikari, who was also present in the meeting. "Chairman had called a meeting with lawyers close to the party to elicit their opinion on the status of Poudel´s PM candidacy and budget unveiled through ordinance," he said.
Government Spokesperson and UML leader Shankar Pokharel while emerging from the meeting said, "As the Supreme Court did not issue a clear directive, there were opinions that political parties should forge consensus on the issue of prime ministerial election."
Over half-a-dozen lawyers close to UML, including Tika Ram Bhattarai, Bishwa Kant Mainali, Hari Phuyal and Hari Krishna Karki, and a majority of standing committee members of the party attended the meeting.
Among other things, the meeting also discussed when and how the prime minister can call the next House session. Lawyers said the prime minister can call the next session of the House anytime soon if he is convinced about its necessity. "One third of the total lawmakers in parliament can also demand for a special session of parliament," said Phuyal.
However, the prime minister´s election cannot be held by summoning a special session of parliament. As per the parliamentary regulation, parliament should endorse the budget related ordinance within 60 days of the beginning of House session.
Lawyers demand action against Maoist lawmakers for Friday incident
During the meeting, the lawyers said Speaker Subas Nembang enjoys the right to take action against the Maoist lawmakers who manhandled Finance Minister Surendra Pandey in parliament last Friday.
"We informed the party that the speaker has the authority to take action against them as per the provision in Chapter 8 (43-46) of the parliamentary regulations," said constitutional lawyer Tika Ram Bhattarai.
"We suggested to the party that the speaker must take action against them as he enjoys the authority to do so," Bhattarai further said. Nembang has said that it is difficult to take action against the lawmakers due to weak provisions in the parliamentary regulations.
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