SC directs speaker to step in to make PM election fruitful

KATHMANDU, Nov 10: The Supreme Court (SC) on Wednesday directed Speaker Subash Chandra Nembang to take the ongoing prime ministerial election to a meaningful conclusion at the earliest.



A division bench of SC justices Kalyan Shrestha and Girish Chandra Lal directed Speaker Nembang to review clause 7 of the parliamentary regulations to make the ongoing prime ministerial election fruitful. [break]



Issuing the verdict on the writ petition that sought the apex court´s intervention in ongoing prime ministerial voting in parliament, the SC said, "Though the court cannot forbid parliament from electing the new prime minister, it cannot remain silent on this serious issue. The bench hereby draws the attention of Speaker Nembang to take the election to a meaningful conclusion," said the SC directive.



“This is an implied verdict of the SC that has entrusted the speaker to take appropriate decision on the issue,” said constitutional expert Dr Bhimarjun Acharya.



Concluding that the ongoing prime ministerial election is futile, the SC said the CA members´ decision to remain neutral in the election, their frequent absence during the election and failure to formulate regulations are the factors that have led to protracted deadlock, reads the SC verdict.



"Legal as well as managerial solution should be sought to end the ongoing prime ministerial run off," the SC stated.



The SC has also suggested alternatives to end the ongoing futile process. It has said the speaker can review clause 7 of parliamentary regulation and start a fresh process to elect the new prime minister.



The apex court also suggested that either NC prime ministerial candidate Ram Chandra Paudel should withdraw his candidacy or CA members, in their capacity as voters, elect him as the prime minister. “It is against the spirit of constitution to continue such a futile process."



The SC bench said that the election of prime minister is the issue of first priority. "Holding election time and again has diminished the hope of formulating new constitution within the stipulated timeframe," reads the verdict.



The bench, however, refused to issue mandamus order to declare Nepali Congress candidate Paudel as elected unopposed for the post of prime minister.

Related story

China visit fruitful: Speaker Mahara