Meetings initiated by Speaker Subas Nembang failed to resolve the matter as the two sides stuck to their guns. A meeting of the chief whips and senior leaders of major political parties in parliament could not take any decision as the Maoists wanted prior consent by the parties to take up the issue of the President´s move and decide it through a parliamentary vote.
The continuing House obstruction has pushed the process of electing a new prime minister into further uncertainty, along with the tabling of his resignation by caretaker Prime Minister Pushpa Kamal Dahal. As per the request by about 350 lawmakers belonging to 22 political parties, parliament was supposed to start the process for electing a new prime minister under Article 38.2 of the Interim Constitution on Monday.
A secretariat meeting of the Maoists on Monday morning decided to let House proceedings run smoothly only if other parties agree to enter into the agenda and take a decision in parliament on the President´s ´unconstitutional´ move against the sacking of army chief Rookmangud Katawal.
Later in the afternoon, a Maoist parliamentary party meeting came up with a fresh demand that called for the tabling of "a commitment proposal" in the House against the President´s move.
The leaders of the UML-NC coalition, however, argue that parliament cannot take up the case since it is sub judice. "Article 60 of the Interim Constitution has prohibited the parliament and Constituent Assembly from deliberating on a case which is under the purview of the court," argued NC lawmaker Dr Shekhar Koirala.
CPN-UML leaders in parliament, however, said they were ready to deliberate the President´s move. "We are ready to deliberate it in the House but the Maoists should be ready to table it first," said UML deputy leader in the House, Surendra Pande". "One thing they [Maoists] must do is, they should agree to let the House proceedings run smoothly to take up such an agenda."
Maoist leaders said they cannot allow the meeting to run without a prior commitment to discuss the issue which they have been raising for two weeks.
Why parties are sticking to their guns
During Monday´s meetings the Nepali Congress took a strong stance against the Maoist proposal to register a ´commitment proposal´ while the Maoists also stuck with their position.
The NC´s argument that parliament cannot bring a sub judice case under its deliberations seems to be inspired more by apprehension than by jurisprudence. NC fears that the President´s move may be voted unconstitutional if it is brought up for discussion in parliament.
The Maoists may be seeking the proposal as a face-saver. Party insiders say the Maoists want to test the parliamentarians of various other political parties who had criticized the President´s move.
If the issue is tabled for voting in parliament, the Maoists hope they can get the support of a section of lawmakers from the UML, MPRF and CPN-United who have already termed the President´s move unconstitutional.
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