Just as Prime Minister KP Sharma Oli, who is set to face a no-confidence motion in Parliament on Thursday, continues to consult legal and constitutional experts in his bid to save his government, the CPN (Maoist Centre) and the Nepali Congress too have speeded up consultations on their part.

And so far, views that have been expressed are conflicting in nature.

Legal experts during a consultation programme organised by the newfound allies—the Maoist Centre and the NC—said on Saturday that a new government “can be formed as per Article 298 of the Constitution of Nepal”. What is interesting is PM Oli is also riding on the same Article and has refused to step down. On Thursday, during a meeting the CPN-UML’s Parliamentary Party, PM Oli had told his lawmakers that “constitutional complexities” would prevent the formation of new government.

During Saturday’s consultation programme, Surya Dhungel, a constitutional expert, said a new government “can be” formed as per due parliamentary process. Citing Article 298 of the constitution, Dhungel said, “The President will first give seven days to form a national consensus government, and if that does not happen, process to form a majority government will start.”

Legal eagles said there are some ambiguities in clause 1 of Article 298, “but the succeeding clauses have made unequivocal references to formation of new government”.

Clause 1 of Article 298 of the constitution says “the Council of Ministers existing at the time of commencement of this constitution shall continue to exist until the Council of Ministers set forth in Clause (2) is formed.

Clause 2 states that “the prime minister shall, on the basis of political understanding, be elected no later than seven days after the date of the commencement of this constitution where the Legislature-Parliament is not in recess at the time of commencement of this constitution, and after the date on which the session of the Legislature-Parliament summoned in accordance with clause (6) of Article 286 commences where the Legislature-Parliament is in recess, and Council of Ministers shall be formed under his or her chairpersonship”. The next clause states that “in the event of failure to have an understanding under clause (2), the prime minister shall be elected by a majority of all the then members of the Legislature-Parliament. Prem Bahadur Khadka, also a constitutional expert, said that there is no confusion over the formation of new government during the transitional phase as claimed. He said that the [constitutional] clauses have clearly given ways for formation of a new government.

Speaking at the programme, Maoist Centre Chairman Pushpa Kamal Dahal lambasted PM Oli for going against the constitutional provisions. He claimed that PM Oli, in cahoots with royalist forces, was conspiring to end historical achievements. NC President Sher Bahadur Deuba said the constitution has clearly envisioned the provision of formation of a new government before the general elections.