Describing the proposal of UCPN (Maoist) Chairman Pushpa Kamal Dahal as nonsensicial, Gachchhadar criticized the ruling Maoist leaders for floating such a proposal without holding any discussions with the ruling partners.[break]
"The Maoist´s new formula won´t work," Gachchhadar, who also heads the ruling Madhes-based parties´ alliance United Madhesi Democratic Front, told media persons in Biratnagar. "It is simply impossible to form a government under the leadership of chief justice."
He also further explained that the Maoist proposal wouldn´t help solve the complicated political deadlock. He said that holding election by May would not be possible if the political parties didn´t reach an agreement latest by the third week of February.
Opposition parties including Nepali Congress (NC) and CPN-UML have not only rejected the Maoist proposal but also described the idea as a ploy to prolong the Maoist stay in power by confusing the opposition parties as well as the public.
Legal experts have said the Maoist proposal is in contravention of the Interim Constitution, which states that the chief justice or judges of the Supreme Court shall not be engaged in or deputed to any other assignment except that of a judge.
"Even retired chief justices or judges of the Supreme Court are ineligible for appointment in any government service, except for a position at the National Human Rights Commission," constitutional lawyer Bhimarjun Acharya told Republica.
He smelt a rat on the Maoist proposal saying that it is a conspiracy to undermine judicial independence.
"Of the three state organs, judiciary is the body that is entrusted with the responsibility of checking the wrongdoing of other two state organs -- executive and legislature," he said. "What will be the situation when the same person heads both the executive as well as judiciary?"
He also criticized the judiciary for not making its view clear on such a controversial statement. "The judiciary´s silence is conspicuous," he said.
However, Rastriya Prajatantra Party-Nepal (RPP-N) has welcomed the ruling Maoist party´s proposal.
An emergency meeting of the party´s central committee decided to welcome the proposal saying that the ruling Maoist party came up with the same idea that the RPP-N had been lobbying for for the last eight months.
"Ever since the Constituent Assembly was dissolved in May last year, we had been consistently lobbying for forming a neutral election government," RPP-N Chairman Kamal Thapa told Republica. "It is our firm belief that incumbent or retired chief justice can be the most appropriate candidate to head a neutral coalition."
Asked about the constitutional prohibition, Thapa argued that it was just an excuse of the political parties to avoid election. He said that violation of the Interim Constitution is unavoidable for resolving the current political stalemate. "Be it Nepali Congress President Sushil Koirala or any other leader, no one can be prime minister at present without violating the existing constitution," he explained.
Thapa also claimed that there will be no problem in maintaining the power balance among the executive, legislative and judiciary while appointing the chief justice for the chief executive post. He said the problem can be solved by making certain arrangements to this effect. "We can form such a coalition only for three months and reach an agreement that the election government wouldn´t take any major or controversial decision during its tenure," he said.
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