Impeachment motion against Nepal Chief Justice tabled in Parliament

Kathmandu [Nepal], March 13 : Week after forming the impeachment recommendation committee, the Nepal parliament has advanced ahead by tabling the motion against suspended Chief Justice Cholendra Shumsher Rana on Sunday.
Chief Whip of the Communist Party of Nepal (CPN, Maoist Center) Dev Gurung presented the impeachment motion in the House of Representatives despite the continued obstruction by the opposition Communist Party of Nepal Unified Marxist-Leninist (CPN-UML).
"The Constitution of Nepal- 2072's Section 136 mentions jurisdiction of Chief Justice, he (Cholendra Shumsher Rana) couldn't fulfil them. He not only wasn't able to fulfil it, the constitution, law, rules, judicial recognition also was violated in course of time which resulted in his inability to exercise the duties and responsibilities, absence in sense of conduct and behaviours which goes against the constitution and legal frameworks.
Being a member of the Judicial Council and the Constitutional Council, he searched for his role in Constitutional Council as well as the executive. Impartiality that always needed to be maintained by the judiciary couldn't be maintained and the impact of it was reflected during the administration of justice," Dev Gurung, the chief whip of ruling CPN-Maoist Center said addressing the parliament as he presented the impeachment proposal.
The impeachment motion was tabled against Ranaat Parliament Secretariat on February 13 with the support of 95 lawmakers and the whips of the Nepali Congress (NC), the CPN (Maoist Center) and the CPN (Unified Socialist).
Maoist Center Chief whip Dev Gurung, NC chief whip Pushpa Bhusal and Unified Socialist whip Jeevan Ram Shreshta tabled the impeachment motion as per Article 101 (2) of the Constitution of Nepal and Rule 161 (1) of the Rules of Procedure of the House of Representatives, 2018.
According to Speaker Agni Prasad Sapkota, the March 16 (Wednesday) meeting of the House of Representatives will begin a discussion on the impeachment motion.
As per parliamentary mathematics, there are a total of 271 members (including the house speaker) in parliament. Opposition CPN- UML has the highest 98 lawmakers followed by Nepali Congress with 63, Maoist Center with 48, CPN- Socialist with 23, JSP with 21 and LSP with 13 seats.
The Janata Samajbadi Party (JSP) who are part of the ruling coalition has expressed their surprise over the impeachment motion filed by the ruling coalition and claimed it to be tabled without consultation.
Provided the mathematics in the parliament, the House Speaker cannot exercise electoral power while 4 lawmakers from the ruling alliance have been relieved from their duty which cuts short 5 votes of the ruling coalition. It needs at least two-thirds 181 votes to ratify the impeachment motion.
It has been a Hercules task for the ruling alliance as it still will fall short of 12 votes despite the parties on board the government voting in favour of the impeachment. This leaves the alliance to look out for defection from opposition lawmakers to pass on the motion.
Earlier in the years, Chief Justice Rana had landed into criticism for attending the meeting of the Constitutional Council held after the issuance of an ordinance by the then Prime Minister KP Sharma Oli. An ordinance issued back on the time had reduced the requirement of opposition leader and house speaker in the meeting reducing the majority required to make the appointments.
The agitating advocates and justices also have accused Chief Justice Rana of "bench shopping" meaning hearings were held for purpose of making a favourable decision for one of the parties. There are also allegations that the court has failed to do any work of reform. Overall, there are allegations of anomalies, irregularities and corruption in the judiciary.
Chief Justice for the last time landed in controversy after his brother-in-law Gajendra Bahadur Hamal was appointed as a non-parliamentary minister to confirm the allegation that he was seeking a share.
Chief Justice Rana has maintained that he will not resign and that he is ready to face impeachment by parliament which is the constitutional process to remove the chief justice.