KP Oli is the PM again without a vote of confidence!
KP Oli is the PM again without a vote of confidence! The possibility of forming a new majority government has been ruled out immediately. After the resignation of the CPN-UML’s Madhav Kumar Nepal faction MPs.
Prime Minister KP Sharma Oli has called a session of parliament on Monday for a vote of confidence. A vote of confidence requires the support of 136 members of the House of Representatives.
The CPN-UML, led by Prime Minister Oli, has 121 MPs. However, lawmakers from the Madhav Kumar Nepal group have decided not to participate in the polls.
The 61-member Nepali Congress and the 49-member Maoist Center have decided not to vote of confidence.
The Janata Samajwadi Party, which has 32 MPs, has allowed MPs to exercise discretion. Mahanta Thakur and Rajendra Mahato, who are in talks with Prime Minister Oli, have said that they will remain neutral. Baburam Bhattarai and Upendra Yadav have said they will vote against the no-confidence motion.
Based on this arithmetic, it is certain that Prime Minister Oli will not get a vote of confidence in Parliament.
Again, Oli is the Prime Minister!
Article 76 of the constitution has various options for forming a government. As there is no single majority of any party in the parliament, it is not possible to form a government as per Article 76 (1).
Therefore, if the Prime Minister does not get a vote of confidence. President Vidya Devi Bhandari will have to call on the parties to form a majority government with the support of two or more parties as per Article 76 (2) of the Constitution.
The president must appoint the leader of the parliamentary party of the party that wins the majority as prime minister. But even with this arrangement, the possibility of forming a new government is slim.
UML’s Madhav Kumar Nepal faction had resigned
If the UML’s Madhav Kumar Nepal faction had resigned, the number of MPs in the House of Representatives would have been less. and a majority government could have been formed on the basis of votes cast by the Congress, the UCPN (M), and the Jaspa (Baburam-Upendra).
However, there was a debate as to whether the claim would be recognized as the JSP did not support the formation of a new government. However, as soon as the resignation of the MPs of the Nepal group was stopped, the possibility of forming a majority government as per Article 76 (2) has been ruled out. Because it is not possible for Congress and the UCPN (M) MPs alone to form a new government.
After the parties do not demand the formation of a new government with a majority, the process of forming the government will be in accordance with Article 76 (3) of the Constitution. In which if two or more parties fail to form a government or the prime minister thus formed does not get a vote of confidence. The president appoints the leader of the largest parliamentary party in parliament as prime minister.
As KP Sharma Oli is the leader of the UML parliamentary party, the largest party in the parliament. He will be the prime minister again under Article 76 (3). So now Oli will be the prime minister again.
There is a constitutional provision that the prime minister appointed in this way must get a vote of confidence from the parliament within 30 days.
See the constitution regarding the formation of the Council of Ministers
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