Nepal's Supreme Court orders appointment of Sher Bahadur Deuba as Prime Minister
Kathmandu, Jul 12: In a landmark verdict, Nepal's Supreme Court on Monday directed President Bidya Devi Bhandari to appoint Nepali Congress chief Sher Bahadur Deuba as prime minister by Tuesday and reinstated the House of Representatives for a second time in five months.
A five-member Constitutional Bench of the Supreme Court led by Chief Justice Cholendra Shumsher Rana issued the verdict stating that President Bhandari's decision to dissolve the lower house upon a recommendation of Prime Minister K P Sharma Oli was an unconstitutional act, delivering a major blow to the veteran Communist leader who was preparing for snap polls.
The bench issued a mandamus to appoint Deuba as the Prime Minister by Tuesday.
Deuba, 74, has served as the prime minister on four occasions; first from 1995 to 1997, then from 2001 to 2002, again from 2004 to 2005, and from 2017 to 2018. Currently, he is the Leader of the Opposition in the House.
The court also ordered summoning a new session of the House of Representatives at 5 PM on July 18.
Chief Justice Rana also said that the bench has concluded that party whip does not apply when lawmakers take part in the voting to elect new Prime Minister as per Article 76(5) of the Constitution.
The bench comprising four other senior most justices -- Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Dr Ananda Mohan Bhattarai -- had concluded hearings in the case last week.
President Bhandari had dissolved the 275-member lower house for the second time in five months on May 22 at the recommendation of Prime Minister Oli and announced snap elections on November 12 and November 19.
Last week, the Election Commission had announced the schedule for mid-term elections despite the uncertainty over polls.
Welcoming the apex court verdict, senior leader of the Nepal Communist Party-UML Madhav Kumar Nepal said that the judgement was commendable.
"The Supreme Court has done a commendable job. This has saved the political system that is in place. Since the court has directly asked to appoint Deuba as new prime minister, we have no role to play now," he said.
Under Madhav Nepal's leadership, 23 lawmakers of UML had put their signature in favour of Deuba's claim to the prime ministership.
Madhav Nepal also said that Parliament will now take all the decisions. "Parliament has been reinstated. We will now go to Parliament. All the decisions will be taken from Parliament now," he said. "The court's verdict has also raised moral questions on Oli's actions."
Meanwhile, Prime Minister Oli's supporters, including youths and students affiliated to the ruling CPN-UML, took to streets here to protest against the apex court's verdict against the 69-year-old Communist leader.
Cadres of the National Youth Force affiliated to CPN -UML gathered in Maitighar Mandal near the court premises chanting slogans against the verdict.
"We are not bound to accept all the orders passed by the Supreme Court, beware!" read a banner carried by the demonstrators.
Oli's confidant and former minister Mahesh Basnet was also present at the protests, according to media reports.
As many as 30 petitions were filed against the dissolution of the House by the President. One of the petitions was filed by the Opposition parties' alliance with the signature of 146 lawmakers demanding reinstatement of the lower house of Parliament and appointment of Deuba as the prime minister.
Nepal plunged into a political crisis on December 20 last year after President Bhandari dissolved the House and announced fresh elections on April 30 and May 10 at the recommendation of Prime Minister Oli, amidst a tussle for power within the ruling Nepal Communist Party (NCP).
On February 23, the apex court reinstated the dissolved House of Representatives, in a setback to embattled Prime Minister Oli who was preparing for snap polls.
Oli, who is currently heading a minority government after losing a trust vote in the House, has repeatedly defended his move to dissolve the House of Representatives, saying some leaders of his party were attempting to form a "parallel government".
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Balendra Shah's RSP makes history, registers landmark victory in Nepal elections
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Kathmandu (PTI): Rapper-turned-politician Balendra Shah's RSP is all set to form the next government in Nepal after securing sweeping victory in crucial general elections on Saturday, decimating the established parties in the politically fragile nation.
Popularly known as Balen, the 35-year-old prime ministerial candidate of the Rastriya Swatantra Party (RSP) defeated four-time prime minister KP Sharma Oli, the chair of Nepal's legacy party, the Communist Party of Nepal (Unified Marxist–Leninist) -- CPN-UML -- by a huge margin of about 50,000 votes in Jhapa-5 constituency.
Balen, 35, secured 68,348 votes against 74-year-old Oli's 18,734, the Election Commission (EC) said.
He is expected to be the next prime minister of Nepal, reflecting a public mood of rejection of established parties. The RSP, which was formed in 2022 by Ravi Lamichhane, has won 72 seats out of the 90 seats for which results were declared by 9:30 pm, according to the Election Commission (EC).
RSP's seats include a clean sweep in all 10 constituencies of Kathmandu district even as it is leading in 52 seats across the country, the EC data showed.
Legacy parties failed to convince voters for whom the major issues included fighting corruption and an end to nepotism apart from a generational change in political leadership of the Himalayan nation.
The Nepali Congress (NC) won 10 and was leading in eight seats; the CPN-(UML) won just four seats and is leading in eight; the Nepali Communist Party (NCP) won two seats and is leading in five, the Shrama Shakti Party (SSP) was leading in three seats, and the Rastriya Prajatantra Party (RPP) won one seat, the EC data showed. Among the winners is one independent.
Nepal witnessed about 60 per cent voter turnout during the March 5 elections to the House of Representatives. The counting of votes started late Thursday night and as of 9:30 pm Saturday, counting was in progress in the remaining of the total 165 constituencies, the Election Commission said.
The election was being closely watched by India, which is hoping for a stable government in the politically fragile Himalayan nation to take forward the developmental partnership between the two sides.
Prime Minister Narendra Modi on Saturday congratulated the people and government of Nepal for the successful conduct of elections. “It is heartening to see my Nepali sisters and brothers exercise their democratic rights so vibrantly. This historic milestone is a proud moment in Nepal's democratic journey,” Modi said in a post on X.
Modi also said that as a close friend and neighbour, India remains steadfast in its commitment to working closely with the people of Nepal and its new government to scale new heights of shared peace, progress and prosperity.
Oli, who too was projected as the PM face of the CPN-UML, wished Balen for a full five year tenure for his government in the Himalayan nation that has seen 14 governments in the last 18 years.
“Balen babu, congratulations for the victory. I wish your five year tenure be trouble free, successful and hearty congratulations,” Oli wrote in his social media post and attached a 2022 photo showing him gifting a tabla to Balen after the rapper-turned-politician won Kathmandu mayor's election as an independent.
The RSP, which projected Balendra Shah 'Balen' as its prime ministerial candidate and had organised its first election campaign in Janakpur in Madhesh, is heading towards a clean sweep of the province.
‘Balen’, as he is popularly known, projected himself as the “son of Madhesh” during the campaign, with the party launching the campaign with 'Ab ki bar Balendra Sarkar' (This time there will be Balendra’s government) tagline.
Of the total 32 seats in eight districts of Madhesh province, the RSP has won eight and is leading in 22 other constituencies, the EC said.
The party is also making a clean sweep in the Kathmandu Valley winning all 10 seats of Kathmandu district and two in Bhaktapur and two in Lalitpur district.
The party is also leading in the remaining one seat of the Kathmandu Valley with a huge margin, possibly as a result of a massive road show led by Balen in all 15 constituencies on the last day of the election campaign.
RSP chairman Lamichhane won with a huge margin from Chitwan-2 constituency, marking his third consecutive victory with 54,402 votes against his nearest rival NC's Mina Kumari Kharel, who received 14,564 votes.
According to the Election Commission, former prime minister and NCP leader Pushpa Kamal Dahal Prachanda won from Rukum Purba district by securing 10,240 votes against his rival Lilamani Gautam of CPN-(UML), who got 3,462 votes.
RPP's Gyanendra Shahi won from the Jumla constituency of Karnali province by defeating his closest rival Naresh Bhandari of the NCP and became the only candidate of the pro-monarchist RPP to have secured a seat in the House of Representatives.
The election also saw 10 women candidates win, nine of them from the RSP while one from NC.
Meanwhile, the RSP is also leading in proportional voting system with the party bagging 474,266 votes followed by Nepali Congress with 160,384. The CPN (UML) has received 127,841, Nepali Communist Party 65,363, the RPP 34,154, and Shrama Shakti Party 17,437 votes till now.
Out of a total of 275 members of the Parliament, 165 are being elected through direct voting, while the remaining 110 through a proportionate method.
Around 3,400 candidates were vying for 165 seats under direct voting, and 3,135 candidates for 110 seats through proportionate voting.
The Gen Z youth, through their two-day intensified protests on September 8 and 9 last year, ousted Prime Minister Oli of the CPN-(UML), who was heading a coalition government with the backing of Nepali Congress that enjoyed nearly two-thirds majority support.
Though Balen was a popular choice to lead the interim government after Oli's ouster, he declined to lead the interim administration, saying he would prefer to contest the parliamentary election for a full term.
In January, he joined the RSP and was soon declared the party's prime ministerial candidate.
The major issues raised by Gen Z before and during the election campaign were anti-corruption, good governance, an end to nepotism, generational change in political leadership, etc.
Sunil Babu Pant, former MP and a political analyst, said, “The victory of Rastriya Swatantra Party in the March 5 elections and the expectation that Balen Shah could emerge as Nepal's next Prime Minister reflects the people's deep rooted frustration with the old political order and their hope for a new direction.”
“As Balen assumes the country's leadership, his first responsibility must be to demonstrate that corruption will not be tolerated under any circumstances,” he said.
Balen will also face a complex geopolitical challenge, Pant said, adding, “He must prove that he is not a puppet of any external power, western or otherwise. Nepal's leadership must carefully balance relations with all global actors and pursue an independent foreign policy that prioritises the national interest.”
