Rana to remain suspended even after lower house term ends

KATHMANDU: The impeachment proceedings against suspended Chief Justice Cholendra Shumsher Rana will continue even though the term of the House of Representatives is ending on Saturday at midnight.

The Impeachment Recommendation Committee has assigned the task of writing the decision of the committee to its chairman Ram Bahadur Bista. But Bista hasn’t taken any decision yet.

After lawmakers of the ruling coalition and opposition made differing views over impeaching Rana in the committee meeting, the committee decided that the chairman’s vote will be decisive.

It has been said that the new parliament that will be formed after the November 20 election will take a decision on Rana’s suspension process. But the committee hasn’t taken any decision on its report yet.

The parliament couldn’t take any decision on the impeachment motion as the committee couldn’t submit its report even on the last day of the house’s term. But the committee has ensured that the suspension of Rana continues.

Though committee chairman Bista has informed that the impeachment motion will be taken into conclusion by the new House of Representatives, he is yet to prepare the report.

Sources say the committee is making every possible effort to submit the report before midnight.

UML lawmakers in the committee, however, are against submitting the report.

As there is no clear provision in the law on whether Rana will be able to return to his office if the committee fails to take any decision on impeachment, the committee is trying to ensure that his suspension continues even after the parliament’s term ends.

Constitutional experts have given divided opinions on the matter. Bista said the committee will decide that the impeachment proceedings will be continued by the next parliament and continue the suspension, citing an example of India dating back three decades.

What next for Rana?

The government had sent a circular to all its offices after Rana was suspended as per Article 101 (6) of the Constitution of Nepal. Because of this circular also, Rana cannot return to the office until the suspension is lifted.

He, however, can ask the General Secretary of the House of Representatives to lift the suspension. If the suspension is not lifted even after that, he can file a writ petition at the Supreme Court.