What will happen to Poudel's candidacy?

KATHMANDU, Nov 21: Confusion reign over the fate of prime ministerial candidacy of Ram Chandra Poudel in the aftermath of the government´s decision to proro—ue the ongoi—g House session Friday night as the existing parliamentary regulations are silent over the issue.

Speaker Subash Nembang himself is in a fix as political parties represented in parliament are deeply div—ded over the issue.

While the ruling parties have maintained that the candidacy would remain intact as there are precedents of taking pending businesses to a new House session, some opposition parties, including a section of CPN-UML leaders, have argued that the candidacy has automatically become void after the House session was prorogued.

Sources close to Speaker Nembang said he wants the political parties themselves to resolve the issue.

NC prime ministerial candidate and the party´s paliamentary leader Poudel on Saturday morning held an informal meeting with legal experts close to his party. The legal experts, according to a leader present at the meeting, argued that since the proposal of electing prime minister tabled in parliament was similar a bill it would remain valid even in the next session of the House.

Sources said Poudel had inquired about the fate of his candidacy with Prime Minister Nepal Friday night after the government decided to prorogue the House.

UML Chairman Jhalanath Khanal, who has been constantly pushing for the withdrawal of Poudel´s candidacy, said—the candidacy may terminate after the government´s decision to prorogue the House. “All the things registered in parliament could be the property of parliament, but the—candidacy won´t remain valid any longer,” he said, adding: “The issue of candidacy will take its course as per the [parliamentary] regulations.”

When reminded that the parliamentary regulation is silent on the issue, Khanal told Republica, “If so, the subject matter [candidacy] will also become silent. I see high chances of the termination of Poudel´s candidacy.”

It is not only the political party leaders who are at odds over the issue. Independent lawyers also seem deeply divided.

Lawyer and constitutional expert Chandra Kanta Gyawali claimed that Poudel´s candidacy has automatically terminated following the government´s decision to prorogue parliament session. "The par—iament should initiate a new process to elect prime minster," said Gyawali.

Some other lawyers beg to differ. Lawyer and former Vice President of Nepal Bar Association (NBA) Sher Bahadur KC said Poudel´s candidacy would be automatically revived in the next session. "Poudel´s candidacy will remain intact unless parliament formally replies to the president about the results of the ongoing prime ministerial election,” he said.

KC argued that parliament must answer the president whether the prim— ministerial election has ended. “Till then, Poudel´s candidacy would remain valid," he further said.

Senior advocate Ram Prasad Shrestha likewise argued that Poudel´s candidacy will remain valid till the next session of parliament. —We shouldn´t construe that Poudel´s candidacy has become void after the House was prorogued,” said Shrestha, who is close to CPN-UML.

Another lawyer Mukti Pradhan argued that Speaker Nembang should take the crucial decision and dare to declare if Poudel´s candidacy still remains valid. "Though there is no point in continuing the lone candidacy of Poudel, the speaker should take the decision as there is no clear cut legal provision to resolve the candidacy row," said Pradhan, who is close to UCPN Maoist.

With the political parties divided on the issue it is likely that the opposition parties will try to raise voices against Poudel´s candidacy in the next session of the Ho—se. On the other hand, it is also clear that the government won´t summon next session of the House any time soon as it has to pass the ordinance through parliament. “The government does not want to face Maoist wrath by summoning House without reaching an agreement with the Maoists,” said a senior NC leader.

Earlier on Friday, a meeting of parliamentary Business Advisory Committee (BAC) had decided to hold another round of prime ministerial voting on December 16.

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