Prez may amend statute, poll laws: Panel

KATHMANDU, JUN 15 -

A high-level committee led by a member of the Election Commission (EC) has concluded that amendments to various provisions of the Interim Constitution, two election-related Acts and restoration of the Constituent Assembly Elections Act by an ordinance are prerequisite to holding fresh elections.

The committe has also raised doubts on whether the consitution can be amended through ordinances. The panel has suggested finding common political ground and amending the constitution by using the discretionary powers of the President.

The panel was formed soon after PM Baburam Bhattarai on May 27 announced fresh Constituent Assembly elections.

"We reviewed all election-related provisions in the Interim Constitution and other Acts. We concluded that without first amending the constitution and some election laws, we cannot hold fresh CA polls," a member of the panel told the Post on Thursday.

"We will be recommending to the government that elections are not possible without amending these laws through ordinances," the member added. The panel will soon submit a report to the PM.

"Though constitutions cannot be amended through an ordinance and there is no single instance of such a thing happening across the world, we have suggested the President use his discretionary powers to remove the hurdles," a member of the panel and Joint Secretary at the EC, Madhu Regmi, told the Post.

Another member of the panel said the matter is debatable and surely not a democratic process. The  member added that the President can use his powers, "which again needs broad national consensus."

Meanwhile, acting Chief EC Nil Kanth Uprety and some members of the EC on Thursday met President Ram Baran Yadav. They briefed the President on the constitutional and legal hiccups to holding fresh elections.

Source: The Kathmandu Post