KATHMANDU, NOVEMBER 10

Madhes Governor Sumitra Subedi Bhandari's move to appoint CPN-UML lawmaker in Madhes Provincial Assembly Saroj Kumar Yadav the new Chief Minister drew flak from political parties, including UML lawmaker and civil society members. Bhandari was later sacked by the government.

Bhandari, who had been appointed Madhes Governor by KP Sharma Oli government, is accused of violating the constitution by not invoking Article 168 (2) of the constitution that provides for the formation of a coalition government. In fact, she invoked Article 168 (3) that provides for the formation of a government under the Parliamentary Party Leader of the party that is single largest party in the House.

Angry lawmakers vandalized Madhes province Governor's Office and Chief Minister's today and anger is brewing in Madhes.

Madhes PA member Jitendra Sonal who had resigned on Saturday before seeking vote of confidence told THT that Madhes Governor had assured here and other political leaders who had submitted the signature of 74 Madhes PA members yesterday urging her to call for formation of a new government under Article 168 (2) of the Constitution but today she betrayed them.

Sonal said at 4 am today, the Governor stepped out her residence saying she was unwell and going to Kathmandu for treatment but after driving to hotel, on the border of Bardibas and Sindhuli, she appointed UML lawmaker Saroj Kumar Yadav and administered him the oath of office and secrecy to him. Three newly appointed ministers were also administered the oath of office and secrecy.

Sonal said that Governor Bhandari acted at the behest of UML leaders and that was evident from the fact that some UML leaders were present at the hotel where the new Chief Minister was appointed and sworn- in.

UML lawmaker Lakhandas Tatma, Federal Socialist Party lawmaker Bimala Ansari Tarannum and RPP lawmaker Kanchan Biccha have been appointed as ministers. Their swearings-in ceremony was also held at the same hotel.

However, RPP Chairman Rajendra Lingden has already instructed the minister appointed from his party to step down, saying the appointment was made secretly without consulting the party.

After Sonal's government collapsed, parliamentary party leaders of the Nepali Congress, JSP-N, Loktantrik Samajwadi Party-Nepal, CPN-MC, CPN (US), Janamat Party, and Nagarik Unmukti Party went to the Province Chief's office, urging her to call for a new government under Article 168(2), supported by two or more parties.

Saroj Kumar Yadav said that he was appointed the CM yesterday but he had to take oath of office and secrecy at a hotel today because there was a risk of confrontation as some provincial assembly members were staging sit-in in front of Governor's office.

Governor Bhandair is a resident of Damak, Jhapa-Oli's hometown. She had previously been proposed by Oli for the post of ambassador to Denmark in 2021, but was not appointed at the time. Later, Oli made her Madhes Governor.

Senior Advocate Radheshyam Adhikari told THT that Governor Bhandari violated political and constitutional morality as she swore the newly appointed CM from a hotel. He said Bhandari who was required to act transparently, acted in opaque manner and that too without first calling the single largest party to form the government. If Bhandari believed that the phase of forming a new government under Article 168 (2) of the constitution was over and now the government should be formed under Article 168 (3), then she should have first asked the single largest party to stake claim stating the same reasons, Adhikari added.

Advocate Dipendra Jha said that the SC had ruled that the provisions relating to the formation of a coalition government, be that at the centre or province, can be invoked again and again as long as there is a possibility for forming a coalition government and hence Madhes Governor's decision was against the SC ruling.

Senior Advocates Purnaman Shakya and Chandra Kanta Gyawali, however, said that it was okay for the Governor to invoke Article 168 (3) of the constitution.

General Secretary of Nepali Congress, Bishwa Prakash Sharma, has condemned the Governor's move calling it non-politics.

Posting on the social media platform X on Monday, Sharma said the event was deplorable.

'The 'non-political' act that took place in Madhesh Province is unfortunate. Such theatrics that help spread public resentment against federalism are condemnable,' Sharma wrote.

He added that, according to Article 168(2) of the Constitution, there was still a possibility of forming a government in Madhesh. He expressed hope that the court would rectify the situation.

UML's chief whip in Madhes PA Harinarayan Mahato remarked that appointing the Chief Minister in a hotel had made a mockery of the party and its parliamentary wing.

'This morning, I heard that our party leader was appointed Chief Minister in a hotel! Why did it have to happen at a hotel, located on the border of Bardibas and Sindhuli?' he said. 'This has brought shame to the party and the parliamentary team.'

He further said that even if the Chief Minister had to be appointed under Article 168(3) of the Constitution, there should have been internal discussions first.

'At the very least, discussions should have taken place within the party. He said there was no discussion within the party about the appointment of the Chief Minister.

Meanwhile, law student Arjun Sah filed a writ petition challenging the appointment of Saroj Kumar Yadav, saying that invoking of Article 168 (3) was wrong because the use of Article 168 (2) had not been exhausted.

Meanwhile, the government today recommended to the President to remove Madhes Governor Sumitra Subedi Bhandari from the post. The Sushila Karki-government's move comes in the backdrop of Bhandari appointing UML lawmaker in Madhes Provincial Assembly Saroj Kumar Yadav as the new Chief Minister of Madhes province, invoking Article 168 (3) that provides for the single largest party government. Other parties have condemned the Governor's move terming it unconstitutional.

A meeting of the Council of Ministers also recommended Surendra Labh Karna for appointment as the Chief of Madhesh Province. Minister of Communications and Information Technology, Jagdish Kharel, informed that the Cabinet decided to recommend Karna for appointment as the provincial chief, and forwarded the recommendation to the President.