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What will be the status of 10 Unified Socialist lawmakers?

Sagar Neupane

Sagar Neupane

 |  Kathmandu

The CPN (Unified Socialist) Party, which was formed last year after splitting from the CPN (UML), has won 10 first-past-the-post (FPTP) seats in the November 20 House of Representatives (HoR) election. However, as the party could not cross the threshold of minimum three percent of votes on the proportional representation (PR) side, the party has not been recognized as a national party.  

Led by Madhav Kumar Nepal, the Unified Socialist was formed on July 16, 2021, after split from the CPN (UML).

The party ran short of around 20,000 votes from being recognized as a national party. Had it crossed the threshold, it would not have been deprived of additional four seats under PR system. The Unified Socialist garnered 298,391 PR votes.

Since the party did not achieve national party status, there is confusion about the status of 10 FPTP lawamkers elected from it.

Arguing that directly elected lawmakers equate to independents, some are of the view that the Unified Socialist has no choice but to unite with other parties to protect its lawmakers. Some suggested the party to merge either with the UML or the CPN (Maoist Center).

However, the United Socialist confidently claims that its lawmakers will strictly abide by the party.

Deputy General Secretary and Spokesperson of the party, Jagannath Khatiwada, said that the lawmakers of the party would not be independent even if the party did not get national party status. He viewed that lawmakers should follow the policy guidelines of the party.

According to Section 31 sub-section (1) of the Political Parties Act 2017, a lawmaker cannot leave the party from which he was elected until the term expires.

"A member of the federal parliament, a member of the provincial assembly or a member of the local level who has been elected as a candidate on behalf of a party cannot leave the party for which he was elected as a candidate as long as the term of office of that position expires," said the sub-section.

The Act provisions dismissal of lawmakers by taking action if they do not abide by the party's decision or when they join another party.

It is stated in Section 31 (2), "If a member leaves the party against what is mentioned in sub-section (1), the position for which s/he was elected shall be deemed to be automatically vacant from the date of leaving the party."

Citing the above given reference, the United Socialist Party claimed that its lawmakers are not independent and would be subject to the whip of the party.

Unified Socialist Deputy General Secretary Prakash Jwala, said, "Lawmakers elected from our party will have to abidy by party whip though we did not get the recognition of a national party. We have been deprived of only PR seats after not being a national party."

"Since whip applies, lawmakers must abide by the rules and regulations of the party. If they join another party, the post of lawmaker will be vacated," added Jwala.

Spokesperson Khatiwada also claimed that his party's lawmakers did not have much choice. "The party has the right to take action against lawmakers exploring other ideas," Khatiwada added.

He said that lawmakers who win elections as candidates from the party should follow the rules of the party.

Parliamentary Party (PP) leaders elected but deprived of state facilities

According to the Political Parties Act 2017, a party representing at least two seats from the election to the Federal Parliament or Provincial Assembly can form a parliamentary party (PP).

Each PP may have its own statute. Internal working procedure are fixed for the PP when a statute is not adopted. In line with the provisions, a PP leader is elected.

The PP leader has to nominate a deputy PP leader, whip and chief whip from among party lawmakers.

At the directive of the PP leader, the party whip can issue whips for presence in the House, motion of no confidence, approval of the policies and programs of the government, annual budget, and other matters of national or public importance.

However, since the Unified Socialist is not a national party, the PP leader and others (deputy PP leader, whip/chief whip) do not get services and facilities provided by the state. They may not even get vehicle facility provided by the Parliament Secretariat.

Ram Narayan Bidari, an expert in law, said they can, however, carry out all other works and procedures.

"The Unified Socialists can form a PP even if it does not acquire the recognition of a national party," said Bidari. "Its lawmakers will not get just services and facilities, and on the basis of old practice, some rights could be restored to them."

Independent lawmakers get to choose a political party just once

In the November 20 HoR and PA election, five people have been elected as independents. They are – Prabhu Sah, Amresh Kumar Singh, Lalbir Chaudhary, Yogendra Mandal and Kiran Kumar Sah.

Independently elected Prabhu Sah, who won from Rautahat 3, was backed by the ruling coalition in the election. Similarly, Kiran Kumar Shah elected from Rautahat 2 is close to Prabhu Sah.

Nepali Congress leader Amresh Kumar Singh won an independent candidate after the party took action against him and deprived him of election ticket.

Elected from Bardia 2, Lalbir Chaudhary is the father of Resham Chaudhary, the founder of the Nagarik Unmukti Party and received the party's support. Similarly, elected from Morang 5, Yogandra Mandal rebelled within the UML, contested the election as independent and won.

Section 29 of Political Parties Act allows all independently elected lawmakers to choose a political party once. If independents join a party, they are counted as members of that party's PP.

Section 29 states, "If a person who is not a candidate of any party and is elected independently becomes a member of a party, he will automatically be a member of that party's PP."

If an independent candidate joins a party, s/he will be counted among the lawmakers of that party. Such lawmakers can join the party prior to or after taking the oath but just once.

Independent lawmakers elected for a five-year term are provisioned to choose a party only once.



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