Himal Press 
KATHMANDU: Deputy Speaker Indira Rana Magar’s position is under threat as the ruling CPN-UML and Nepali Congress have demanded her resignation.
Both parties have issued whips to their lawmakers not to leave the Kathmandu Valley within September 19. The two parties are expected to bring a motion to remove her by that time.
NC Chief Whip Shyam Kumar Ghimire said the ruling coalition has demanded her resignation as serious questions about her official conduct have been raised.
What is the Accusation?
In early July, a letter became public in which Deputy Speaker Rana had requested the US Embassy in Kathmandu to reschedule interview times for five people, who she has referred to as her team members. She also did not specify the roles of these individuals in the letter. Questions were raised about her attempt to send five men to an event related to women’s issues.
After the letter became public, leaders from various political parties raised questions. The issue had subsided for a few weeks but has now resurfaced.
Deputy Speaker Rana Magar has admitted to writing the letter, adding that she had no ill intentions.
The NC and UML, however, have said that this explanation is insufficient. They have interpreted Rana’s conduct as an abuse of her position.
Favorable Power Equation
A meeting of the ruling parties held at the Prime Minister’s official residence in Baluwatar on Monday discussed the accusation against Rana Magar.
Top leaders from the NC and UML, as well as Janata Samajbadi Party (JSP), Janamat Party, Nagarik Unmukti Party (NUP) and Loktantrik Samajbadi Party (LSP), were present at the meeting.
If these parties unite, they have the two-thirds majority required in the 275-member House of Representatives to remove the Deputy Speaker. However, the comment of CK Raut, chairperson of the Janamat Party, that attempts to remove the Deputy Speaker were being made with ill intentions has startled the ruling parties.
NC and UML have 88 and 78 seats, respectively, in the lower house, while JSP has seven, Janamat has 6, and NUP and LSP have four each. The ruling coalition has in total 187 seats.
If Janamat stands against the motion to remove the Deputy Speaker, the ruling coalition’s strength will drop to 181. Since Speaker Devraj Ghimire, who is from UML, can’t vote and UML lawmaker Top Bahdur Rayamajhi is suspended, this lowers the strength to 179 – four shy of the two-thirds majority of 183.
The motion to remove the Deputy Speaker will fail Janamat Party decides to vote in favor of the Deputy Speaker. But that would put the Madhesh Province Government, which it is leading with the support of other ruling coalition partners, at risk.
Removal Process
As per Article 91 (6) (C) of the Constitution of Nepal, 2015, if a motion that the Deputy Speaker’s conduct has not been in accordance with his/her position is passed by a two-thirds majority of the total number of members of the House of Representatives, the position will become vacant.
One-fourth of the total lawmakers can register such a motion.
“If the proposal is passed by a two-thirds majority of the total number of members present in the House, the concerned Speaker or Deputy Speaker will be removed from office,” states Rule 212 (4) of the House of Representatives Rules, 2022.
Focus on Constitutional Appointments
Janamat Chairperson Raut has said that NC and UML are trying to remove the Deputy Speaker because it is difficult to appoint their own people to constitutional positions due to a lack of majority in the Constitutional Council. He argued that such actions undermine the dignity of democracy.
The Constitutional Council has the authority to recommend the Chief Justice, heads and officials of constitutional bodies. Therefore, the attempt of the ruling parties to create a favorable situation for them in the Constitutional Council has put Deputy Speaker Rana Magar’s position at risk.
The Constitutional Council, chaired by the Prime Minister, has the Chief Justice, Speaker, Deputy Speaker, National Assembly Chairperson and the leader of the main opposition parties as members.
Along with Rana Magar, opposition leader CPN (Maoist Center) Chairperson Pushpa Kamal Dahal and National Assembly Chairperson Narayan Dahal are on one side. This leaves only the Prime Minister and the Speaker on the other side as the two cannot count the Chief Justice as one of their own.
With three members on the opposition side, it will be difficult for the ruling coalition to make decisions favorable to them in the Constitutional Council.
Since NC is also not represented in the Constitutional Council, the coalition plans to elect someone from the party as the Deputy Speaker. There, however, are fears that using majority power to remove individuals from the Constitutional Council could set a dangerous precedent.
