KATHMANDU, AUGUST 23Hikmat Karki has argued that Uddav Thapa won the trust vote in unconstitutional manner
CPN-UML has registered a writ in the Supreme Court against the Koshi Province Government led by Chief Minister Uddhav Thapa who won the vote of confidence with the signature of acting Speaker Israil Mansuri on 21 August, Monday.
"CPN-UML lawmaker Hikmat Karki lodged a writ (Certiorari) in the apex court against the trust vote trust taken by Chief Minister of Koshi Uddav Thapa," a spokesperson at the Supreme Court informed The Himalayan Times.
Advocate Durga Bahadur Dahal, on behalf of leader of the CPN-UML parliamentary party, Hikmat Kumar Karki, registered a case in the Supreme Court demanding a writ of mandamus in accordance with Article 133 (2), clause (3) of the constitution.
Karki has petitioned against province Chief Parshuram Khapung, CM, Uddhav Thapa, MP Israil Mansuri, presiding council member Geeta Timsina and the Province Assembly secretariat.
The writ petition has demanded that Chief Minister Uddhav Thapa's vote of confidence be revoked as he gained the vote in an unconstitutional manner.
Karki also demanded that he be appointed chief minister as per clause (3) of Article 168 of the Constitution, stating that NC's Thapa has not secured the trust vote constitutionally.
"As the chief minister has no chance of obtaining vote of confidence and he has been barred from that opportunity again, as leader of the largest parliamentary party in the Province Assembly, according to Article 168 (3), it is my constitutional right to be appointed chief minister of Koshi," reads the petition filed by Karki.
The writ also demanded that the mandamus and other suitable orders be issued to appoint the petitioner (Hikmat Karki) as chief minister.
The writ petition has also sought an interim order to restrain the government from taking any action or decision having long-term impact until the case is resolved.
Similarly, Karki said that Chief Minister Thapa had violated the verdict given by the Supreme Court on July 27 and demanded that he be prosecuted for contempt of court and punished to the extent.
Out of 93 MPs in Koshi, only 77 were present in Monday's PA meeting. Few lawmakers of CPN-UML and RPP were also not seen at the meeting.
Forty-seven legislators from the ruling coalition voted in favour of Chief Minister Thapa while 30 members voted against him.
Thapa was appointed chief minister on August 1. Mansuri was given responsibility to chair the meeting after Deputy Speaker Srijana Danuwar left for Kathmandu early on Monday.
As senior members from opposition parties, including the UML and RPP, were also on sick leave, senior member Mansuri participated in the vote and chaired the meeting, the MPs of CPN-UML surrounded the well and shouted slogans when this took place.
Earlier, Thapa was appointed chief minister for the first time on July 6 with the support of then Speaker Baburam Gautam. After the UML knocked the door of the Supreme Court on July 7, the SC annulled Thapa's appointment, and on August 1, Thapa was reappointed chief minister of Koshi.
A version of this article appears in the print on August 24, 2023, of The Himalayan Times.
