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Namobuddha Corespondent
Kathmandu, Dec 16 : Prime Minister Sher Bahadur Deuba Saturday held consultations with constitution experts regarding the bill on the formation of National Assembly.
During the meeting held at the Prime Minister’s official residence, Baluwatar this evening, constitution experts present on the occasion were of the view that the President would not withhold or send back the bill presented by the government before the Head-of-the-State. The government had two months ago presented the bill to the Office of the President for authentication.
There were suggestions for the immediate proceedings in the bill as the allocation of proportional representation (PR) seats in the House of Representatives would take place only after the formation of National Assembly, the Prime Minister’s private secretariat said.
” Stopping the bill presented by the government through a due process is non-constitutional in the context when the House of Representatives will get a full shape only after the formation of National Assembly and the process to elect a prime minister will commence thereafter,” the Secretariat said quoting constitution expert Purna Man Shakya.
Similarly, another constitution expert Harihar Dahal said that the provision (in the bill ) about the formation of National Assembly on the basis of single transferable votes was not line with the spirit of the constitution.
According to senior advocate Mahadev Yadav, there are clear constitutional and legal provisions that the House of Representatives shall not get a full shape until the National Assembly is formed and the process to elect a prime minister shall not take place in the absence of full House of Representatives.
Likewise, they were of the view that immediate resignation of the Prime Minister is not needed as the incumbent government has been functioning as the caretaker government since the end of the tenure of the previous parliament with the announcement of elections dates.
They viewed that the caretaker government should ‘take care’ of the constitution as well and the incumbent government should take decisions regarding ordinance of the formation of National Assembly and appointment of province chiefs, as stated by PM’s press advisor Gobinda Pariyar.
NC leaders Ram Chandra Poudel and Krishna Prasad Sitaula, Nepal Bar Association president Sher Bahadur KC, general secretary Khamba Khati and former president Prem Bahadur Khadka were also present in the meeting.
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