The CPN-UML, the second largest party in the dissolved House of Representatives, appears to have a two-pronged strategy in a fluid political context as two recent moves of the party indicate.
Mahesh Bartauala, chief whip of the UML parliamentary party in the dissolved House of Representatives (HoR), and Sunita Baral have filed a writ at the Supreme Court seeking reinstatement of the HoR.
At the same time, the CPN-UML has registered itself at the Election Commission, making it clear that it is ready to contest the HoR elections slated for March 5 next year.
Niraj Acharya, head of the party’s Election Department, and Office Secretary Bhishma Adhikari submitted the party registration application at the Election Commission, becoming the 66th registered party vying for the polls.
After the registration, department Head Acharya said that UML is a party that completes all legal procedures for every type of election, and therefore the party has been registered accordingly.
The deadline for registering political parties for the HoR elections is until Mangsir 10 (Nov 26).
According to Bartauala, the UML has moved the court seeking the reinstatement of the House of Representatives on the following counts.
1. Since Sushila Karki, a retired chief justice, is neither a member of the House of Representatives nor does she enjoy support from the parliamentary party of any political party for premiership, her appointment as Prime Minister is unconstitutional and in violation of Articles 76 and 132(2) of the Constitution. Therefore, the court should issue an order of certiorari against her appointment as PM.
2. The court should quash the Sept 12 decision of the President to appoint Sushila Karki as the PM, the swearing-in conducted on that basis and all other relevant appointments, along with all other illegal and unconstitutional actions, decisions and appointments.
3. The presidential decision to dissolve the HoR, made on Sept 12 on the recommendation of PM Karki, should be quashed and the HoR reinstated. All state bodies and institutions that existed on that date should continue to function like they did before, and an order of mandamus should be issued in the name of respondents.
4. The court should issue a mandamus order to the President to begin the process of forming a new government in accordance with Article 76 of the Constitution.
5. It should issue a mandamus order to the Speaker and the Parliament Secretariat to make necessary arrangements for convening the session of the reinstated HoR.
6. After the reinstatement of the HoR, the court should issue an order of prohibition directing the government constituted unconstitutionally to halt all activities related to the HoR elections.
7. Considering the seriousness and sensitivity of the subject matter, this petition needs to be decided promptly. The respondents should be ordered to submit their written replies, and a continuous hearing conducted by fixing a date for the hearing.
