KATHMANDU, JULY 27

The Supreme Court has ordered the newly formed government of Koshi Province not to take any decision that will have long-term impact. A single bench of Justice Sapana Pradhan Malla refused to grant interim order on the writ petition filed by the CPN-UML challenging Uddhav Thapa's appointment as the chief minister of Koshi Province terming it as 'unconstitutional'.

As far as an interim order is concerned,the case will be listed for continuous hearing after written replies are submitted by the defendants, the bench observed.

The SC has sought all files of the decision made by the provincial chief along with the supporting claims and signatures submitted during the appointment of the chief minister by July 19.

The next hearing has been scheduled for July 23 after which the case will be listed for continuous hearing.

SC Spokesperson Bimal Paudel said the court order did not mean the formation of the government was unlawful. It just means that the Koshi government should not take any decision that will have longterm impacts.

Thapa, who was proposed as chief minister with the support of CPN-Maoist Centre, CPN- Unified Socialist Party and Janata Samajwadi Party-Nepal, submitted his claim to chief ministership with the signature of Baburam Gautam, speaker of Koshi Province Assembly.

The constitution states the speaker can give his support only in a situation where the votes are equal.

The UML had objected to the appointment saying it was against the principle of separation of powers and the spirit of the constitution.

In Koshi province, the province government led by CPN-UML lost its majority and there was confusion about formation of a new government due to lack of a clear majority on both sides.

In the 93-strong PA, there were 40 UML members and six Rastriya Prajatantra Party members on one side. The remaining 46 MPs, including the Congress and Maoists, are now in favour of the government.

Forty-seven votes are required for majority in the PA.

Thapa, who was appointed chief minister last Thursday with the support of 47 MPs, including the signature of the speaker, has al-ready appointed five ministers from the Nepali Congress, CPN- MC and CPN-US. The SC said the case needs to be urgently adjudicated as it involves the question of Article 168 (2) and 186.

On Friday, a writ petition was filed at the Supreme Court on behalf of UML parliamentary party leader Hikmat Kumar Karki, demanding annulment of the formation of the Thapa-led government.

The petition stated that although there is a provision for the chief minister to be appointed with the support of two or more parties according to Article 168 (2) of the Constitution, there is no provision for support of the speaker.

According to Supreme Court Spokesperson Bimal Paudel, in the writ petition, the immediate chief minister of Koshi, Karki, claimed he should be made the CM because he was leader of the parliamentary party of the largest party.

The writ petition claimed that the speaker should not extend support to Thapa as member of any party as he had already renounced his party membership after he was appointed speaker.

In the UML's writ petition, the province head Parashuram Khapung has also been made a defendant.

Earlier, the writ petition was listed for hearing three times, but could not be heard.

The Office of the Provincial Head has stated that Thapa has been appointed chief minister in accordance with Article 168 (2) of the Constitution.

Article 168 (2) stipulates that in case no party has clear majority in the PA, a member of the provincial assembly who can get majority with the support of two or more parties represented in the PA can be appointed chief minister.

The chief minister appointed in such a way has to garner vote of confidence in the Province Assembly within 30 days.

Earlier, UML leader and former chief minister Hikmat Kumar Karki got only 46 votes while taking the vote of confidence.

The shifting equation at the centre has been blamed for failure of the UML government in Koshi.

After the CPN-MC sided with the Congress during presidential election last February, the CPN-UML and the RPP left the Dahal-led government.

After dissolution of the UML-Maoist alliance, the Congress-Maoist alliance was formed in the provinces along with the centre.

A version of this article appears in the print on July 13, 2023, of The Himalayan Times.