Kathmandu,Nov 13-Former Chief Justice Bishwa Nath Upadhyaya, who also headed the Constitution Commission in 1990, has urged the king to form a government consisting of the major political parties to go for free and impartial elections. He also urged the king to repeal the royal moves of October 4, 2002 and February 1, 2005.
Speaking at a programme in Kathmandu, Upadhyaya said the elections would hold no meaning if the government continues to dismiss civil servants supportive of multiparty democracy. "Election at the present situation will only make way for the reinstatement of Panchayat system," Upadhyaya said.
"There are reasons to doubt the fairness of elections at this time, as the administration is under complete control of former regional and zonal administrators who were supporters of the Panchayat system," he said.
He said the elections held at the absence of political parties would not acquire political legitimacy. Upadhyaya said the King has to take suggestion or consent of constitutional bodies or officials before exercising any rights except for the special rights bestowed by the Article 35(2) of the Constitution.
Saying that there was no conducive environment for elections at present, the former chief justice said elections should be held in free and safe environment. He, however, said that the parties should not avoid elections but put forward fear and pressure free environment as preconditions for elections.
Upadhyaya blamed the king for wrongly interpreting Articles 127 and 27(3) and dissolving the government formed within the constitutional parameters. Concerning the media ordinance and the government action against Kantipur FM, he said any act couldn't exercise the rights not enshrined in the Constitution. He opined that the apex court should have issued a stay order on the ordinance if it was brought against the Constitution. He was, however, quick to add that he was yet to go through the ordinance.
At the programme, Nepal Bar Association President Shambhu Thapa, former Attorney General Badri Bahadur Karki, and Advocate Surya Dhungel and Tika Ram Bhatarai said extra-constitutional exercises were on the rise in the country.
No comments:
Post a Comment