Leader of the main opposition Nepali Congress Girija Prasad Koirala has sent party vice-president Ram Chandra Poudel to represent him at the crucial meeting which is to make recommendations for filling top constitutional positions.
Madhesi People´s Rights Forum chairman and Foreign Affairs Minister Upendra Yadav, who is on a two-week trip to America and Europe, has deputed his party´s vice-chairman JP Gupta to represent him in the council meeting. Yadav is a member of the council nominated by the prime minister.
Deputing a second man is in violation of the constitution as there is no provision for holding a meeting with only representatives of particular members participating, constitutional lawyers argue.
"This is not a power of the members that is transferable to other individuals," said Dr Bhimarjun Acharya, an expert on constitutional issues. "What would happen if the prime minister or the president delegates his powers to his son?"
Another constitutional lawyer, Madhav Basnet, says, "Article 149 does not say that a member can send his representative to a Constitutional Council meeting."
Sending representatives to the council meeting is against the constitution, he said.
At some previous meetings also, an ailing Koirala has delegated his power to Poudel. But neither the prime minister nor Poudel revealed how Koirala signed the minutes.
In the absence of Gupta, the council´s meeting, which was supposed to name the chief justice on Monday, ended without taking any decision. "We discussed the possible names but as a participant, JP Gupta, was outside Kathmandu, we did not take any decision," said parliament speaker Subas Nembang, a member of the committee.
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