PIL in SC for fresh Prez poll

KATHMANDU, JAN 10 -
A public interest litigation (PIL) was filed in the Supreme Court on Thursday, demanding immediate removal of the President and Vice-president from their positions and a fresh election to fill the vacancies.

As the parties stand deeply divided over a number of procedural issues in the run-up to the commencement of the new Constituent Assembly (CA), the court is witnessing a host of petitions demanding court intervention.

Petitioner Advocate Om Aryal argues that the term of both the President and Vice-president has ended with the dissolution of the earlier CA on May 27 last year. Aryal further argues that the apex court itself has clarified through its verdict that there would be a new CA through election. The petitioner has cited the November 2011 order of the court which had put six-month cap on the CA term. Later, the CA was dissolved after it failed to promulgate the constitution.

Defendants in the petition include Office of the President, Office of the Vice President, Office of the Prime Minister, Ministry of Law and CA Secretariat.

Aryal claims that the same order of the court has also made it clear that periodic elections are important component of the constitution. Article 36 (c) states that “the term of office of the President shall be until the commencement of the constitution to be promulgated by the CA.” Aryal has said that if the incumbents are allowed to continue their term their tenure would exceed 10 years, which would be against the constitution. Therefore, the petitioner argues, it only makes sense to allow the new CA to choose the new head of state and his/her deputy. The petitioner has also demanded that court issue an order to amend the provision in the constitution regarding the term of the President.

Presidential aides argue that it is not for the Office of the President to comment on the election of the head of state. “The task of holding elections is that of the Election Commission and the Parliament. We have no say on the matter,” said President’s Press Advisor Rajendra Dahal in a recent conversation with the Post.

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