The lawyers suggested the NC and UML leaders knock on the door of Speaker Subas Nemwang to use his exclusive powers under the Constituent (Legislature-Parliament Operation and Function) Assembly Rules to begin the process of forming a new government.
The process of forming a new government through parliament and the regulations has hit a deadlock as the Maoists have continued to obstruct parliamentary proceeding ever since the Maoist-led government stepped down last Monday. If the obstruction continues, parliament cannot begin the government formation process as per the regulations.
"In this context of Maoist obstruction of parliamentary proceedings, the Speaker can use his exclusive powers to remove the obstruction through Clause 158 of the regulations and pave the way for the formation of a new government," said advocate Dr Bhimarjun Acharya, one of the lawyers consulted by the NC and the UML.
The clause says the Speaker has the power to remove any obstacles while enforcing the regulations besides having a final say in the interpretation of the regulations.
For this, the lawyers suggested, the parties should request the Speaker to fix a date for the election of the new government, acting within the purview of his exclusive powers, according to Acharya.
The parties asked the lawyers for their opinions on three burning issues - constitutionality of the Maoist-led government´s decision to sack the army chief, of the President´s move to block the government decision to remove the army chief and the process of forming a new government in the context of continuous obstruction of parliamentary proceedings by the Maoists.
They termed the government decision on sacking the army chief as unconstitutional as it was not supported by other parties in the government. The constitution, the lawyers argued, requires the government to take such a decision through political consensus.
The lawyers, however, refrained from giving their opinion on the move of the President to stay the government decision to sack the army chief, saying the issue was being considered in the Supreme Court.
The lawyers consulted by the NC and UML leaders included senior advocate Radhe Shyam Adhikari (also a Constituent Assembly member), advocates Nilamber Acharya (another Constituent Assembly member), Agni Kharel (Constituent Assembly member) Shambhu Thapa, Madhav Basnet, Tika Ram Bhattarai and Lalit Basnet (also the President´s personal secretary).
On the occasion, the President´s legal advisor, Surya Dhungel, gave a briefing on the Presidential move staying the government decision on the army chief.
CPN-UML chairman Jhala Nath Khanal, senior leader Madhav Kumar Nepal, general secretary Ishwar Pokharel and NC leaders Dr Ram Sharan Mahat, Bimalendra Nidhi and Minendra Rijal were present during the consultations with lawyers.
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