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Kathmandu Friday July 07, 2000 Ahsad 23, 2057.
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Lawmakers walkout in protest
By a Post Reporter
KATHMANDU, July 6 - Lawmakers of the main opposition CPN-UML today vented
their anger on Speaker Taranath Ranabhat for losing one of their parliament seat in the
House of Representatives and boycotted further proceedings in protest.
Speaker Ranabhat had sworn-in Rastriya Prajatantra Party (RPP) Vice Chairman
Dr. Prakash Chandra Lohani on Wednesday evening as the latest member of the Lower House of
Parliament after a Special Election Court had ruled in favor of Dr. Lohani.
RPP’s Dr. Lohani was declared winner by a Special Court by just one vote
in a recount of votes last week from Nuwakot-1, ousting CPN-UML’s Rajendra Prakash
Lohani from the seat that he had been declared winner in the last general elections.
As soon as the House convened around 1 pm, members of the main opposition
charged the Speaker alleging him of trampling the law. They alleged the Speaker of
ignoring Clause 227 in the House of Representatives Regulations. The Clause states that a
member needs to come with the certificate provided by the Election Officer certifying that
he has been declared winner before being allowed to be sworn in.
"This is a direct violation of the regulations. If the Speaker himself
is trampling the law then what is the use of having the law," CPN-UML’s Mahendra
Pandey asked before approaching Speaker Ranabhat and slamming the regulation book at his
table.
Speaker Ranabhat tried to justify his actions but the main opposition drowned
his voice.
"The laws governing elections of 1967 used to say that the verdict of
the Election Court is final but the new laws enacted in 1990 says that the case can be
appealed in the Supreme Court and it has the final say," CPN-UML’s Subash
Nemwang said.
Since the court had reached the verdict in favor of Dr. Lohani, CPN-UML has
been urging the Speaker and the Election Commission to stall the process of appointing him
as a member of the parliament until the case is appealed and decided by the Supreme Court.
CPN-UML’s Rajendra Prakash Lohani has already filed a petition at the
Supreme Court appealing against the decision reached by the Special Election Court and
seeking interim orders to block his successor’s appointment.
Nemwang alleged the Speaker of ignoring the concerns of the main opposition.
"Unfortunately we were not even given a chance to plead our case. We are not just
complaining, but we are shocked by the decision. It was clear that the Speaker was in no
position to make the new appointment by the way the matter was first prolonged for two
days and sent for recommendations from the Election Commission," Nemwang said.
No sooner had Nemwang finished his views, all the members of the CPN-UML
walked out of the assembly hall protesting the move followed by members of the National
People’s Front, United People’s Front and the Nepal Workers and Peasants Party.
"The main opposition is maintaining double standards here. When the
situation is in their favor they say it is law of the land but when it is not, they begin
to question the laws itself," Dr. Lohani said addressing the parliament for the first
time since his appointment.
He said it was the right for CPN-UML to appeal the case like he had done
after the election but that did not mean he had to wait for the decision of the Supreme
Court. "I waited for a whole year for the case to be decided but within that time the
seat was not left vacant. So why should I be left out while the case is being
decided," he said.
Defending his position, Speaker Ranabhat said he had to seek suggestions from
political leaders and legal advisors and the Election Commission to resolve the situation
since there were no provision specified in the regulations about how to proceed ahead when
the court rejects an elected member and decides in favor of another candidate and it was
their recommendations on which he based his decision to go ahead with the swearing in
ceremony.
"It is not for us to decide on how the
Election Court decided the case but our concern should be the verdict it has passed and
how we implement it," Ranabhat said.
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