1. Until the Royal Intervention by way of referring the issue to the Supreme Court, the Election Commission of Bhutan refused to respect the Constitution which required Local Governments to sit the full 5 year term. This constitutional body shamed the Constitution by exercising extra constitutional authority.Therefore, the Election Commission has disqualified itself from any other role than enabling election process after every 5 year term of elected bodies unless premature term ending is declared by the Supreme Court or the Parliament and an election must necessarily be held earlier.
2. This time the Home Ministry issued a belated order on 2nd August,16 to the Dzongdags to have the Local Governments whose 5 year term had expired on 28th July,2016 to handover their Charges. Does that mean that Local Governments are administratively subordinate Agencies of the Government/ Cabinet?
3. The Local Governments must function in close coordination with the Dzongkhag Administrations and Technical Ministries. However, the Local Governments are not subordinate Agencies of the Dzongkha Administration or the Cabinet. The officials of Local Government are elected by the public whilst the Dzongkhag Administration officials are appointees of RCSC and the Government. Moreover, His Majesty grants the Dhar to the Gups and Thrompons in like manner to other elected MPs.
4. The appropriate lawful authority in so far as ordering the handing over after the term expires seems to be the Parliament Secretariat. The Speaker though elected from the ruling Party is a non political entity. And perhaps the most appropriate lawful authority to issue such orders under intimation to the Royal Secretariat for the Local Governments to take charge or relinquish the same . And the interim Incharge of Local Government should be the Geog Administrative Officer assisted by the Gedrung.
I feel that the order for any election should also originate from the Parliament Secretariat to the Election Commission with due intimation to the Royal Secretariat.
These are food for thoughts. My own thoughts were provoked by the belated order of Home Ministry. How does someone whose term has expired be asked to handover charge? Handing over must be completed on the day or before the constitutional term ends. And under what constitutional provision does the Dzongdag or the Home Ministry could exercise such authority of power transfer? Therefore, it led me to think the delay may have happened because there is no clarity as to whose lawful authority it was to issue necessary orders within the proper time frame. The delay certainly could not be that no one really respects or refers to the constitutional provisions except when such served their self political interest.