HIMALAYAN NEWS SERVICE
KATHMANDU: President Ram Baran Yadav today made it clear that the government does not have a right to hold the elections to the Constituent Assembly because the Election Commission does that job.
Justifying his move on Friday to reject two election related ordinances forwarded by the government, the Head of the State made his stance clear while addressing a golden jubilee ceremony of Okhrenee Secondary School at Sundarijal. The President said the EC had the final authority to hold the elections and it had already expressed its inability to do so on November 22 therefore he rejected the two ordinances — Some Elections Laws Amendment Ordinance and Constituent Assembly Election Ordinance — on irrelevant grounds.
“Government can hold the elections to the Parliament but not to the CA without political consensus,” Yadav added. Reacting to the comment of the government authorities and the Maoist party leaders, the President added, “The government can read the Acts only but I need to read the entire constitution.”
The ruling coalition, meanwhile, has decided to resend the ordinances to the President for his approval. Co-chairperson of the Sadbhawana Party, Laxman Lal Karna, said at a programme in the Capital, “We will resend the ordinances (to the President).”
‘President can expel PM’
KATHMANDU: Legal experts said on Sunday that the President had the right to expel Prime Minister Baburam Bhattarai for his inability to deliver. “The President can call the political parties to form a new government by ousting the caretaker government as per Article 38(1) of the Interim Constitution,” Prem Bahadur Khadka, President of the Nepal Bar Association, said. Senior advocate Bishwo Kanta Mainali also said the President did not have any compulsion to give his seal on any ordinance, which is against the constitution. “Before bringing such an ordinance the government should work for amending the Constitution,” he said. Constitutional law expert Tikaram Bhattarai said, “Bringing such an ordinance is nothing but a joke at a time when there is no situation of holding elections.”