Uncertainty about election

Yuba Nath Lamsal

By the time this write up gets published, Nepal’s politics may have taken a new turn. Every time, something new and unexpected has taken place in our political spectrum. This has made things more complicated thereby making our politics more uncertain and unpredictable.

It had been expected that the decision of four major political forces on the formation of the chief justice-led government would bring all political parties on board and create the atmosphere for fresh election. But this decision has created more complex situation not only in politics but also in every sphere of life. The opinion in the country has been sharply divided with some parties raising the constitutionality, legitimacy, intention and ability of the present government.

In the beginning, public opinion had been sharply divided on issue concerning whether the chief justice should lead the Executive without relinquishing the position of the chief of the Judiciary. This issue was raised considering the principle of separation of power. In a democracy separation of power and political checks and balances are extremely necessary and in its absence democracy cannot be functional. Even political parties were and still are divided. Only the UCPN-Maoist had unanimous voice on this issue. Although Nepali Congress party has officially backed this decision, there is a strong voice against this decision. Even the central executive committee was unable to fully agree on this issue instead it decided to take this matter to the floor of the party’s more powerful general council meeting.

Even in the CPN-UML, there was a strong hue and cry especially by the faction opposed to chairman Jhala Nath Khanal. Senior leader Madhav Kumar Nepal and powerful general secretary Ishwar Pokhrel were vocal critics of this decision. Although dust seems to have settled at present, this issue has kept the CPN-UML divided. A whole lot of other disgruntled fringe parties that have decided to go to streets against the decision. Mohan Vaidya-led CPN-Maoist has backed this group.

It now seems that the fate of the present government has become uncertain in less than a month of its formation. The present government was formed to hold the election by July his year. Holding election in July has become almost impossible because of the short period for preparation. Four major political parties have given political backing and mandate to the government for holding the election at the earliest possibly in July. For this, they have agreed on the name of commissioners of the Election Commission. Still the election dates have not yet been announced.

Given the slow progress, the earliest possible date for the election would be November-December. Some people have even started doubting the possibility of holding election in November-December. This doubt of the people has arisen because of the lackluster performance and inaction of the government and the Election Commission. The present government was formed and commissioners in the Election Commission were chosen in haste even amending some of the provisions of the Interim Constitution that barred some of the commissioners from being appointed in the Election Commission just to pave the way for holding the election in June this year. If the election is not held in June, the validity of these decision ceases to exist.

In the first place, the Interim Constitution does not allow any commissioners to be appointed or reappointed in any other positions after they retire. But three commissioners of the Election Commission, who had recently retired from their posts, were appointed again in the Commission because the new commissioners will not be able to hold the election in the short period of three months. It is true that new commissioners will require some time to become familiar and aware of the function, procedures and other election related works. If the old faces were given the responsibility of the Commission, it would have been possible to hold the election in June. If the elections are to be held in November-December, it was not necessary to reappoint the old commissioners even going against the spirit of the Interim Constitution. The new commissioners, too, will have sufficient time to get familiar with all election related jobs and would have been successful in holding the election because we have at least seven months until November.

Secondly, the present government was formed with the sole responsibility of holding the election at the earliest, which meant it should be done in June. It had been agreed that if some unavoidable circumstances make it impossible in holding election in June, this can be accomplished by November-December. This provision does not mean that the government has got the mandate to hold the election in November-December. But the government is behaving as though it has the mandate to hold the election in any time of its choice and convenience. Moreover, the government is acting like an elected government and the ministers are busy in activities other than creating the atmosphere for election. The acts and activities of the government appear as though it does not want to hold the election neither June nor in November-December and intends to prolong its life for indefinite period. The Election Commission, too, does not appear serious in holding the election at the earliest and it is seeking pretext to postpone the election, probably under influence from some unseen forces.

If the elections were to be held in November-December, it was a mistake on the part of the political parties to hand over power to non-political people. Such a non-political government should be formed for very short period or not for more than three months. But some internal and external interests played key role in creating this kind of odd situation in Nepal’s political scenario. Internally, Nepali Congress and the CPN-UML are the principal elements behind this situation because they are prepared to accept any option, good or bad, just to oust the Bhaburam Bhattarai-led government. In fact, Bhattarai-led government had constitutional continuity and legality. Some external forces too pulled strings behind the curtains in order to oust the government. Now political initiative is slowly slipping out of the hand of the political parties. This is not at all in the interest of the parties, people and the country.

Some internal as well as external forces are trying to prolong this situation so that there would be further chaos and crisis in the country. If such a situation at all arises, it would be most unfortunate for the country. Political parties now need to realize that if the elections are not held soon, it would be counter-productive for parties, as well. In a democracy, non-party government can never be imagined. But it became possible due to current unique situation of the crisis. Parties had definitely failed in the last four years. The Constituent Assembly which was formed through a democratically election collapsed without accomplishing its principal mandate of delivering a new constitution. Parties were behind the failure of the Constituent Assembly. Parties did not allow the Assembly to function independently. Instead it became a rubber stamp of leaders of three major parties. The top leaders had chosen to hold a meeting somewhere outside the floor of the Constituent Assembly completely bypassing and ignoring the people’s supreme elected body. Had the Constituent Assembly been allowed to function independently, constitution would have been delivered within the time it was given.

The present crisis is the making of the parties’ inability and their partisan politics. The country is now paying the price of it. Despite failure of the parties, there is no alternative to political parties. Good or bad, the parties are the key players in politics. Any attempt to seek alternative to political parties would be not only disaster but also impossible. The people have to choose out of the existing parties. In other words, we have to choose worse among the worst ones.

Given the lackluster performance of the present government and uncertainty of election in June, some have even started saying that Bhattarai-led government was better than the present one simply because the previous government had at least constitutional legitimacy.  Whatever the logics and counter logics, we have to cope with the present situation and make sure that election is held by November. The present government has already lost its validity because of its inability to hold election in June. If any delay in announcing the election would mean that it is not willing to hold election even in November-December. In such an eventuality, the parties need to seek an alternative arrangement.