<img width="800" height="436" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121144/636ce44d9c7e80680e0966a0jpeg.jpg" alt=""/>There are just so many layers of party and factional interests, alliances and dalliances, marriages of convenience and messy divorces, egos, ambitions, and personal vendetta involved, that it is difficult to delve beyond daily headlines about who stabbed whom in the back today.We must start with the <a href="https://www.nepalitimes.com/latest/nepals-1-party-2-central-committees-system/">central protagonist</a>, the man everyone seems to love to hate, Prime Minister K P Oli. He has proved all pundits wrong by surviving both medically and politically. This does not look like a man who has two kidney transplants—he appears stronger than ever.  He has outlasted <a href="https://www.nepalitimes.com/latest/i-had-no-other-option-pm-oli/">relentless pressure</a> from the combined strength of rivals within the NCP and a constant media broadside, to unseat him. When cornered, he has used nationalism,  divided and ruled, used and discarded former comrades, and even dissolved the House and threatened elections to get his way.Oli is wily, but a statesman he is not. Had he been, he would have found other ways than <a href="https://www.nepalitimes.com/latest/muscle-vs-muscle-in-nepal/">full-frontal attacks on rivals</a>, concentrating instead on <a href="https://www.nepalitimes.com/editorial/its-broke-fix-it/">providing leadership</a> on issues that really matter to Nepalis – <a href="https://www.nepalitimes.com/banner/in-a-state-of-disillusionment/">jobs, inflation, education, health and Covid impact</a>. He has spent all his time and energy running circles around <a href="https://www.nepalitimes.com/banner/dahal-nepal-hold-anti-oli-rally/">Pushpa Kamal Dahal and Madhav Kumar Nepal.</a>If anyone wanted to dismantle Nepal’s Communist movement, no one would have done a better job than Prime Minister Oli. He <a href="https://www.nepalitimes.com/latest/unity-with-the-maoists-did-not-work-out/">cracked open the NCP,</a> then he got to work on his own UML, weeding out the disgruntled Nepal faction. Oli might have been seeking revenge on Nepal, but by sidelining him, he has effectively splintered the UML as well.<a href="https://www.nepalitimes.com/latest/efforts-to-cobble-back-the-uml/">Efforts to cobble back the UML</a>, Mukesh Pokhrel <img width="640" height="343" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121144/636ce44f9c7e80680e0966a1jpeg.jpg" alt="">Oli has become such a central figure that as factions of the four main parties jostle to find coalition partnerships, they are all divided depending on whether they support the prime minister or not. First, his UML itself is divided, with the Nepal faction behaving like an opposition party. Oli’s strategy now is to woo away Nepal loyalists like Jhalnath Khanal, whom President Bidya Devi Bhandari went to meet at his home last week.The Maoist Centre has also lost its senior comrades to Oli’s Cabinet: Ram Bahadur Thapa, Top Bahadur Ryamajhi and others. The party removed them from MP-hood on Tuesday, but cannot seem to decide what to do next. A Nepali Congress (NC) Central Committee meeting this week called for the resignation of Prime Minister Oli. But the meeting started five hours late because of a disagreement between Sher Bahadur Deuba and Ram Chandra Poudel on whether or not to join a coalition government led by Oli.<a href="https://www.nepalitimes.com/banner/a-crucible-of-fragile-coalitions/">A crucible of fragile coalitions</a>, Shekhar Kharel <img width="640" height="322" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121144/636ce4529c7e80680e0966a2jpeg.jpg" alt="">This indecision in the main opposition NC has put the third and fourth parties, the Maoist Centre and the Janata Samajbadi Party (JSP), in a bind. They do not have the numbers by themselves to challenge Oli. However, there is discord within the JSP also. And the cause is, once again, whether to support Oli or not. <a href="https://www.nepalitimes.com/latest/jsp-as-nepals-king-maker-party/">Party chair Mahantha Thakur</a> and Rajendra Mahato have publicly stated that they are inclined to work with Oli’s UML. But the JSP’s other leaders Upendra Yadav and Baburam Bhattarai are vehemently opposed.Because of the JSP’s swing vote in the House, Thakur has emerged as the kingmaker in coalition negotiations. The <a href="https://www.nepalitimes.com/banner/oli-vs-dahal-1-upmanship/">Maoist Centre</a> and the NC need the JSP to unseat Oli, and Oli himself needs the JSP to form the next government if the UML loses the support of the Maoist Centre.   <img width="640" height="399" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121144/636ce4549c7e80680e0966a3jpeg.jpg" alt="">However, even though Dahal threatened last week to pull the rug from under the UML, his Maoist Centre’s Standing committee meeting decided that time was not ripe to do so. The Maoists have 54 MPs, and if they withdraw support for the UML, which has 121 seats, Prime Minister Oli will have to seek a vote of confidence in the House. Oli will need 138 MPs on his side to win the vote, and will court the JSP with 34 seats or the NC with 63 seats. Dahal knows that if he withdraws support there is every likelihood that either Deuba or Thakur will side with Oli to form an election government. And Maoist leaders know that early elections will be disastrous for them.With all four parties tangled over their support and opposition to Prime Minister Oli, therefore, Nepali politics is hopelessly knotted up.Read also: <a href="https://www.nepalitimes.com/editorial/house-of-cards/">House of cards</a>, Editorial

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Untangling the knots

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011114/636ccd739c7e80680e08bc7ejpeg.jpg" alt=""/><figcaption>Photo: AMIT MACHAMASI</figcaption></figure>Nepal’s Supreme Court on 23 February <a href="https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/" target="_blank" rel="noopener noreferrer">reinstated the House of Representatives</a> and <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">ordered Parliament to convene</a> within 13 days. The President, on the recommendation of Prime Minister KP Oli, will now decide when and how within the next 10 days Parliament will come into session. In the UK, any government that <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolves the House of Representatives </a>becomes a caretaker government, and as such, the prime minister in such a circumstance is deemed  to have resigned. However, the right to dissolve the House of Representatives is no longer constitutional either in the UK or in Nepal. The steps that President Bhandari takes in the upcoming days will depend on whether she considers PM Oli a caretaker prime minister or the preceding prime minister. If it is the former, the president, as per the provisions of Article 76 of the Constitution, must immediately begin the process of forming a new government by appointing a new Prime Minister in consultation with the leaders of all parliamentary parties in the House. During this process, the caretaker Prime Minister, like the leaders of other parliamentary parties, is entitled to form a new government as the leader of their party.If, however, the president considers KP Oli a preceding prime minister, she may direct him to take a vote of confidence in the House of Representatives under Article 100 of the Constitution, which provides that the prime minister may table a motion at any time, if he deems it necessary or appropriate, to make it clear that he has the trust of the House.If the president agrees, the prime minister can continue the government with a vote of confidence in the House. Article 76 will only apply if the prime minister fails to obtain a vote of confidence.If the prime minister chooses not to follow either of those paths, Article 100 (4) of the Constitution allows one-fourth of the members of the House of Representatives who are present in Parliament to table a motion of no-confidence in writing.<a href="https://www.nepalitimes.com/latest/calm-before-another-storm-in-nepal/">Calm before another storm in Nepal</a>, Nepali TimesHowever, the process might be politically challenging as the motion must include the name of the next proposed prime minister. If the no-confidence motion is passed by a majority in the House of Representatives, the Prime Minister will be relieved of his post.In this political climate where the ruling NCP is <a href="https://www.nepalitimes.com/banner/dahal-nepal-hold-anti-oli-rally/" target="_blank" rel="noopener noreferrer">bitterly divided</a>, the Dahal-Nepal faction is demanding that Oli resign on moral grounds. The Election Commission has also not decided which faction of the NCP is the main party and which is the breakaway faction, while PM Oli maintains that he is the party chairman until the NCP general convention. As such, no party in the House of Representatives is in a position to form a unanimous government, and the next prime minister will have to form a coalition with two or more parties.It remains to be seen how much support Pushpa Kamal Dahal will get from his co-chair Madhav Kumar Nepal or Jhala Nath Khanal in his bid to become prime minister. Even with their support, chances of him forming a coalition government are unlikely if the Nepali Congress (NC), the second-largest majority in the House of Representatives, refuses to participate in the process.If NC President Sher Bahadur Deuba is to take the lead in forming a coalition government, then the Dahal-Nepal faction will need to justify its opposition to Prime Minister Oli on other grounds.The NC itself is in a dilemma over which faction of the NCP it should support. If the NC chooses to support the Oli faction, it could move towards forming a coalition with the current government. And even if it becomes part of a coalition government, the NC might not consider the premiership to be the endgame and choose instead to focus on the election. There are other strategies in which the NC might decide not to join the Oli-led coalition but to support his government from the outside, or choose to form a government led by Sher Bahadur Deuba while seeking support from the Oli faction. The challenge for the NC now is to decide what is constitutionally sound while being in the party’s best interests long-term.At this point, unity within the NCP leadership is unrealistic, and either faction will require a 40% agreement from the Central Committee and the Parliamentary Party should Oli or Dahal choose to register a new party.The only way to avoid a period of political turmoil is the unlikely scenario that ageing leaders in both factions realize that such instability is not in the national interest and hand over the reins to a new generation of young leaders.                   Bipin Adhikari, PhD, is an expert on constitutional law. <img width="82" height="109" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011114/636ccd769c7e80680e08bc7fjpeg.jpg" alt="">Read also: <a href="https://www.nepalitimes.com/editorial/house-of-cards/">House of cards</a>, Editorial

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Legal path to new Nepal government

<img width="640" height="426" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc849c7e80680e08bc29jpeg.jpg" alt=""/>The Nepal Communist Party (NCP) has by now squandered the overwhelming mandate it got in the 2017 elections to govern for five years, and its future now rests on an impending decision by the Supreme Court.While the verdict could go either way, what is certain is that one of the two NCP factions is going to lose out.  Whether it will be the establishment faction led by Prime Minister K P Oli or the breakaway group headed by Pushpa Kamal Dahal, will be decided in the upcoming weeks. Oli’s group is in  government and says it is preparing for snap elections in April-May, while Dahal’s supporters are in the streets demanding a reinstatement of the Lower House.Both are trying to <a href="https://www.nepalitimes.com/banner/olis-tit-for-tat-show-of-force/">demonstrate their popular support</a> by renting <a href="https://www.nepalitimes.com/latest/muscle-vs-muscle-in-nepal/">bigger and bigger crowds</a>, and thus influence the Supreme Court, and the Elections Commission which has to decide which faction gets the party’s Sun symbol and name. Both sides are sanguine that the Supreme Court and the Elections Commission will rule in their favour. Nepal’s current political crisis is not a result of any great ideological disagreement, but a <a href="https://www.nepalitimes.com/banner/oli-vs-dahal-1-upmanship/">personal power struggle</a> between Oli and Dahal after NCP unity. This may be why rallies by both Oli and Dahal have been packed with cadre and people bused in from the districts, and without much spontaneous popular participation so far.Whichever way the Supreme Court verdict goes, Nepal’s politics will be in turmoil as the power centres and politicians jockey for supremacy, even as regional geopolitics influence the outcome. Beijing has been openly lobbying against an NCP split, while the Indo-American alliance would like to see Nepal’s communists divided and weakened.“Even if the House is reinstated, a new struggle for supremacy will begin within the party to form an election government,” predicts political commentator Shyam Shrestha. “It will not be as easy as before when the NCP had a two-thirds majority, and the permutations and combinations of coalition-building will be wide open.”If the House is restored, Shrestha sees the Dahal faction forming a government in coalition with the Nepali Congress and Janata Samajbadi Party Nepal. But if the Court rules in favour of the dissolution, he sees instability and chaos.Foreign Minister Pradeep Gyawali admits that there is some uncertainty because of the wait for the Supreme Court decision. He says, “But once it rules in favour of dissolution, that will steer the country’s mood towards elections. The conditions are right for polls, the Nepali Congress, Janata Samajbadi Party and smaller parties are all ready, there are no major security issues, and the Election Commission is getting ready. So whoever gets a majority will govern the country. The alternative will be a return to unstable coalition politics of the past.” <img width="1371" height="914" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc889c7e80680e08bc2ajpeg.jpg" alt="">However, the political futures of Oli and Dahal will also rest on the Supreme Court’s decision on the 13 writ petitions that are currently being heard. Oli’s ambitions will be derailed if the House is reinstated, while Dahal and his supporters will suffer a setback if it is not. So much rests on the Court’s decision that it has become a prestige issue for both sides, which could be why Dahal has been using threatening language towards the Election Commission and the Supreme Court, hinting that it is being influenced by Baluwatar.Some in the NCP see the possibility of the elections actually bringing the two factions of the NCP closer, but Central Committee member Beduram Bhusal disagrees. “There is just too much bad blood. For now, I see zero percentage possibility of reunification.”In case the House is restored, the choice for the Dahal faction is to go for election or agitation. However, it may not be so easy for Dahal and his supporters to “unleash a hurricane” as he has threatened.Bhusal, however, says his party has not planned for an elections scenario. “Even if the house is not restored, there will not be any elections. Why plan for something that will not happen?” says the Dahal loyalist.For Oli, a Court decision to restore the House is equally fraught. He will either have to resign, or face a no confidence vote in Parliament.

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Untangling the knots

Legal path to new Nepal government

A Kathmandu Spring