The Supreme Court’s decision to cancel the registration of the Communist Party of Nepal (NCP) formed by the unification of the Communist Party of Nepal (UML) and the Communist Party of Nepal (Maoist) has been registered with the Election Commission.
The decision of the Election Commission to register the Communist Party of Nepal (NCP) on June 6, 2018 and October 26, 2018 was reversed by the order of Supreme Court on registered no. 1014.
After reviving the former CPN-UML and the CPN-Maoist Center by giving official status to the NCP (NCP) led by Rishi Ram Kattel, a big wave has arisen in Nepal’s politics. At the same time, KP Sharma Oli will get the Sun symbol of the election as the then UML chairperson. However, the political future of the Madhav Kumar Nepal’s MPs on the Dahal-Nepal side and the Maoist Center MPs on the KP Sharma Oli side is also in doubt. Legally, they have to be ready to return to the old party or lose their parliamentary seat.
In the midst of the exercise of splitting the NCP (NCP), the decision of the Supreme Court has reached the status quo of May 16, 2018. The NCP (NCP) was born on 17 May 2018 with the unification of the then UML and the Maoist Center. The former CPN (UML) and the UCPN (M) have reached a pre-unification stage. However, Sandhya Kumari Tiwari is the chairpersons of the re-registered UML and Gopal Kiranti is the Chairperson of the re-registered Maoist Centre after the unification of the party. After the Supreme Court decides to keep the old party, it seems that there will be another problem in the name. If Kiranti and Tiwari are not ready to hand over the Maoist center and the UML to their ownership easily, it will create more legal complications in the name of the party. Constitutionalist Bhimarjun Acharya has said that the decision of the Supreme Court has caused more constitutional and legal complications. He said: ‘The court has returned the two factions of the NCP (NCP) in the party registered in the name of another. After the court has given its verdict, the question of legitimacy of the old parties that were re-registered after May17, 2018 may also arise.
The government has shifted from clause 1 to clause 2 of Article 76 of the Constitution. Constitutionalist Acharya has responded that the Oli-led government has shifted from clause 1 of Article 76 to clause 2 of the Constitution. Today’s Supreme Court decision has given the Oli-led government the status of Article 76, Clause 2 of the Constitution. If the Prachanda-led party withdraws its support, the government falls under clause 3. In both cases there is a need for a vote of confidence. Leader Subash Chandra Nemwang, who is considered close to PM Oli, also said that the government needs to take a vote of confidence. There is a constitutional provision that the prime minister must take a vote of confidence after the court returns the NCP (NCP) to the old two parties, Nemwang said.
Former Maoists leaders in Oli side and Madhav Kumar Nepal side have problems. The decision of the Supreme Court has caused the Madhav Kumar Nepal side the most problems at this time. The decision to revive the UML, of which Oli is the chairperson and the leader of the parliamentary party, could trap the posts of Madhav Kumar Nepal and his side MPs. Similarly, the posts of five former Maoist MPs who are on Oli’s side are also in crisis.
National Assembly member, Home Minister Ram Bahadur Thapa Badal and members of the House of Representatives Lekhraj Bhatt, Top Bahadur Rayamajhi, Prabhu Sah and Gauri Shankar Chaudhary are in favor of Oli. There is a legal provision for MPs from opposite parties on both sides to take action against each other as the leader of the parliamentary party.
According to constitutionalist Acharya, the NCP (NCP) is technically one until the commission gives its decision. This can be avoided if the Prachanda-Nepal side decides to leave as per the provision of 40 percent before the decision of the commission. After the court decision, the prime minister has to take a vote of confidence. A majority of MPs has to be reached to get a vote of confidence. But the UML has a total of 121 MPs. A majority of 138 MPs is needed. For that, the support of JSP or Congress is needed. Oli government could survive if the UML had the support of either the Congress or the JSP. What is the role of the parliamentarians towards Madhav Kumar Nepal, that has the importance. As the chairperson of the parliamentary party and UML, Oli can also take action against the Nepal side parliamentarians. As the name and election symbol will be on Oli’s side, there is a possibility that some Nepal side parliamentarians will be on Oli’s side.
Meanwhile, the meeting of the House of Representatives has been postponed. The next meeting will be held on Wednesday, March 10 at 1 pm.
Congress and JSP had blocked the meeting as they disagreed with the ordinance on the Constitutional Council being tabled in the House. The meeting, which was adjourned for 10 minutes, was postponed by posting a notice.
Prime Minister KP Sharma Oli has said that he will now convene a meeting of the CPN-UML. At a meeting of the parliamentary parties convened in Baluwatar on Sunday, Oli said that the UML meeting would be held as per the decision of the Supreme Court.
Even if the court gives the Communist Party of Nepal (NCP) to Rishi Kattel, politically it will take the country on the right course. Now the meeting of the CPN-UML will be held, the Prime Minister had said in the meeting. A meeting of the UML party will be held in a few days to decide on the new political course. Oli has also said that he will make a special decision about the elected parliamentarians of the NCP (NCP) and candidate in the National Assembly.
That special decision was a signal to the legislature that a new bill should be introduced to protect the members of the National Assembly, the House of Representatives, the state assemblies and the by-elections at the local level. He also said that his government was now united as it did not recognize the unity of the NCP (NCP). If the Maoist center withdraws its support, a vote of confidence will have to be taken. I’ll take that within a month.
