Kathmandu.Unified the Communist Party of Nepal(CPN) has been separated into two parties as Prachand led CPN( Maoist Centre) and KP Oli led CPN (UML).
This happened by the ruling given by a division bench of the Supreme Court Justices Kumar Regmi and Bom Kumar Shrestha passed its judgment in favour of Rishiram Kattel who had challenged the Election Commission’s decision to award the Nepal Communist Party (NCP) name, NCP within brackets, to KP Sharma Oli and Pushpa Kamal Dahal, saying that “Nepal Communist Party” was already registered under his name back in 2013.
Now Prime Minister KP Sharma Oli has lost his majority in the House. To form government it requires 138 members of parliament. UML had 121 and Maoist had 53 members in the representative before the unification of party and formation of government led by Oli. If Maoist Centre withdraws its support given to Oli he must take vote of confidence within a month. If he fails he will dissolve the the House for fresh mandate from people. To do so Oli has to take vote of confidence from Nepal Congress and Janta Samajwadi Party respectively holds 63 and 34 seats in the House. There is another possibility a formation of government by Maoist Centre -53,Nepali Congress-63 and JSP -34. Any of three supports Oli , the current government will not fall. The three parties have said that they would go united. The leaders of three parties have been in discussion for the formation of another government. Chairman Prachand will hold talk leaders of JSP after meeting the President of Nepali Congress Sherbahadur Deuwa.
The Election Commission has registered Oli and Prachand led Nepal Communist Party (NCP) in June 2018 after the UML and the Maoist party announced their merger in May that year.
The court on Sunday not only called the Nepal Communist Party (NCP) illegitimate but also annulled the CPN-UML and the Communist Party of Nepal (Maoist Centre)’s merger and ruled that their status remains as before their merger. In other words, the court revived the erstwhile UML and the Maoist party, which were led by Oli and Dahal, respectively before May 2018.
The court decision has created more complexities and confusion in the politics of Nepal. After the dissolution of the House many former UML leaders including former prime ministers Madhav Kumar Nepal and Jhala Nath Khanal fought against Oli forming opposing group. Some of former leaders of Maoist Centre including Ram Bahadur Thapa, the incumbent home minister, and Top Bahadur Rayamajhi, the incumbent energy minister joined Oli’s camp.
Within a fortnight one verdict of Supreme court reinstates the House and the another verdict divides the unification of ruling party.
Questions are now being asked which party Prime Minister Oli belongs to.
According one of the famous constitutional lawyers Bhimarjuna Acharya, the verdict given in Kattel case has effectively annulled the merger of the CPN-UML and the Maoist Centre. The prime minister now belongs to the CPN-UML and the verdict has made Oli very much powerful but he needs to get the confidence of Parliament. His election as prime minister was under Article 76 (2).
When Oli was elected prime minister in February 2018, he was the leader of the UML and he had formed his government under Article76 (2)of the constitution, which says the President shall appoint a member of the House of Representatives, who can command majority with the support of two or more parties represented in the House, as prime minister.
There after the merger of the UML and the Maoist Centre in 2018, Oli became the leader of the Nepal Communist Party (NCP).
The CPN-UML, however, is currently registered in the name of Sandhya Tiwari. Tiwari is a nurse by profession from Biratnagar has registered her party on August 19 last year for the sake of Oli.
For example, the question now arises from which party the House Speaker was elected.
When Agni Sapkota was elected in the third week of January, he was fielded as a candidate of the Nepal Communist Party (NCP). With no Nepal Communist Party (NCP) in existence now after the court order, there is confusion how his position remains. And if so, from which party he was elected needs to be sorted out as deputy speaker cannot be given to the same party which sent the Speaker as per the constitutional provisions.
Some lawmakers were elected after the formation of the Nepal Communist Party (NCP) including Narayan Kaji Shrestha and Bamdev Gautam, and appointed to the National Assembly. What happens to their status is not clear yet.
Here is confusion that who runs the country where all is illegal. Is it Supreme Court to run the country?