दलहरुबीच विवादः संसद कि सरकार पहिले ?

काठमाडौं, २९ मंसिर । प्रतिनिधिसभा चुनावको अन्तिम मतपरिणाम आउनै लाग्दा पहिला संसद गठन हुने की सरकार गठन भन्ने विवाद शुरु भएको छ । एमाले सहितका बाम गठबन्धनले सरकार गठनका लागि संघीय संसद आवश्यक नरहने बताइरहेको बेला काँग्रेससहितका दलले संसदबाट मात्रै प्रधानमन्त्री चयन हुनसक्ने कानूनी व्यवस्था रहेको जिकिर गरेका छन् ।
प्रतिनिधिसभा तथा प्रदेश सभातर्फ प्रत्यक्ष तर्फको अन्तिम मतपरिणाम आइसकेपछि सरकार गठन पहिला कि पहिला संसद गठन भन्ने विषयले राजनीति तातेको छ । संविधानको धारा ७६ को उपधारा क को व्यवस्थाअनुसार बहुमत सावित गर्ने दलको नेतालाई सिधै राष्ट्रपतिले नियुक्त गर्ने व्यवस्था रहेको एमाले नेता तथा कानूनविद् अग्नि खरेलको तर्क छ । खरेलका अनुसार ०४७ सालको संविधानमा भएको व्यवस्थाजस्तै संविधान सभाबाट जारी भएको संविधानमा राष्ट्रपतिले प्रधानमन्त्री नियुक्त गर्ने र एक महिनाभित्र संसदमा बहुमत सिद्ध गर्नुपर्ने कानूनी व्यवस्था छ ।
०४७ सालमा तत्कालिन प्रधानमन्त्री गिरिजाप्रसाद कोइराला र ०५१ सालमा मनमोहन अधिकारी संसद बैठक बस्दै नबसी प्रधानमन्त्री नियुक्त भएजस्तै यसपाली पनि संसद बैठक बस्नुपूर्व नै प्रधानमन्त्री नियुक्त हुनसक्ने खरेलको दाबी छ । तर नेपाल बार एसोसिएसनका अध्यक्ष समेत रहेका कानूनविद् शेरबहादुर केसीको तर्क भने फरक छ । केसीका अनुसार नयाँ संविधान जारी भएपछि यसअघि मुलुकमा स्वर्गीय सुशील कोइराला, पु्ष्पकमल दाहाल, केपी शर्मा ओली र वर्तमान प्रधानमन्त्री शेरबहादुर देउवा संसदबाटै चुनिएको र अब पनि त्यही प्रक्रियामार्फत् मात्रै प्रधानमन्त्री निर्वाचित हुनुपर्छ । केसीका अनुसार संसद नियमावली कायमै रहेको, संविधानअनुसार संसद नियमावली बनेको र संघीय संसदको बैठक बसेपछि राष्ट्रपतिले पहिलो ७ दिन समय दिएर सर्वसम्मत रुपमा प्रधानमन्त्री चयनको प्रक्रिया शुरु गर्न आह्वान गर्नुपर्ने र त्यसो हुन नसके बहुमतिय प्रक्रियाबाट प्रधानमन्त्री चयनको प्रक्रिया शुरु हुनुपर्छ ।
नेपालको संविधान २०७२ ले संघीय संसद भन्नाले प्रतिनिधिसभा र राष्ट्रियसभालाई जनाउँछ । राष्ट्रिय सभा कसरी गठन गर्ने कानून अहिलेसम्म बनेको छैन । कानूनको अभावमा निर्वाचन आयोगले राष्ट्रिय सभा चुनावको प्रक्रिया शुरु गर्न सकेको छैन । राष्ट्रिय सभाको चुनावमा ३ सय ३० जना प्रदेश सांसद, ७ सय ५३ स्थानीय तहका प्रमुख र उपप्रमुख सहभागी हुने व्यवस्था छ । सपथ ग्रहण नगरी प्रदेश सांसदले राष्ट्रिय सभाको चुनावमा सहभागी हुन नपाउने व्यवस्था छ । कानूनअनुसार प्रदेश सांसदहरुले प्रदेश प्रमुखबाट सपथ लिनुपर्ने व्यवस्था छ, तर प्रदेश प्रमुख नियुक्त गर्ने विषयमा राजनीतिक दलका बीचमा विवाद कायमै छ ।

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