KATHMANDU, DECEMBER 2
While CPN-UML Chair KP Sharma Oli has objected to Supreme Court's order to seek a vote of confidence within 24 hours for Madhes Province's chief minister, CPN-UML - the largest party in the Madhes provincial assembly - has lost three key positions in less than a month.
Addressing a programme organised by the party's Forest Department in Chyasal, Oli stated, "The constitution requires a vote of confidence within 30 days (of holding office), but the SC ruled that it be taken within 24 hours."
A joint bench of Supreme Court Justices Hari Prasad Phuyal and Nityanand Pandey issued the order yesterday. Oli expressed surprise at the order, saying, "It was unconstitutional. After four days, it would be 30 days. On which article was the 24-hour mandate issued, when it could have been delayed for three days? Is that what the principle of necessity means?"
However, he stated that the Supreme Court's decision would be fully respected, arguing that decisions should not be based on circumstances, people or appearances.
Previously, Ram Chandra Mandal, speaker for the CPN-UML, and Sumitra Bhandari, who became governor on the recommendation of the UML, were sacked from their positions. The reason for all of these incidents is the same: Yadav of UML, the largest party in the provincial assembly, was appointed as chief minister after outgoing chief minister Jitendra Sonal resigned.
Sonal resigned as chief minister before the floor test on November 8. On November 9, Governor Bhandari appointed Saroj Kumar Yadav, the leader of the Madhes Province UML parliamentary party, as chief minister.
He was sworn in at a hotel in Bardibas the following morning (November 10). However, the Nepali Congress, CPN-MC, CPN (US), LSP-Nepal and other parties filed a writ petition with the Supreme Court, claiming that Yadav's appointment and oath-taking were unconstitutional.
Hearing the writ petition, the Supreme Court directed Chief Minister Yadav to seek a vote of confidence within 24 hours. In failing to do so, he would be removed from his post automatically.
Following the Supreme Court's decision, Advocate Dipendra Jha stated that the 'vote of confidence within 24 hours' makes little sense. "In addition, Article 168 (3) of the Constitution has not been recognised. If it had been recognised, the court would have said to form a government under 168 (5) after 168 (3), but going back to 168 (2) would disqualify Yadav from being chief minister after 8:37pm tonight," Jha told THT. "And what Oli has said is incorrect and in contempt of court. But, above all, the UML has suffered a significant political setback in the Madhes."
In a late night development, the Madhes provincial assembly announced the floor test for Chief Minister Yadav tomorrow morning.
According to a credible source, there is a chance that UML will form a government in Madhes Province in alliance with Janamat and Nepali Congress.
The UML's setback, which resulted in the loss of all three key positions in Madhes, began with the Gen Z movement. On September 9, then chief minister Satish Singh resigned. A month later, Sonal, vice-president of the Loktantrik Samajwadi Party-Nepal (LSP-N) and a provincial lawmaker, was appointed to the post. When the vote of confidence was held on November 8, two CPN-MC and two Janamat Party lawmakers opposed it. As a result, Sonal resigned prior to the floor test. However, Speaker Mandal paved the way for another chief minister, stating that former chief minister Sonal was unable to secure a vote of confidence. As per Article 168 (3) of the Constitution, on November 10, at 5:30am, then-provincial governor Bhandari administered the oath of office to UML parliamentary party leader Yadav as chief minister, which was lambasted at great length.
After Yadav's appointment was disputed, the federal government removed Bhandari and has already appointed Surendra Lal Labh as the provincial governor. Meanwhile, the seven parties representing the Madhes provincial assembly impeached the speaker and removed Mandal, saying that he did not act in accordance with the position in the provincial assembly. Thus, the UML lost two key positions in Madhes due to the dispute over the appointment of the chief minister, and it is certain that it will lose another position as well. Political party leaders and experts claim that the UML has lost positions and power in Madhes due to immature and arrogant attitudes. "UML leadership in Madhes appeared completely immature and hubristic this time," said Rastriya Mukti Party General Secretary Anil Mahaseth. "However, Oli took advantage of this opportunity to shift media attention away from himself and towards Madhes. Because Oli was being questioned and gagged about his role and reflection on Gen Z protests."
Speaking with THT, political analyst Bhogendra Jha, based in Janakpur, the capital of Madhes, shared that this is a big blow to UML regionally and nationally.
"While UML has lost credibility on the social and political front in Madhes, it played with Madhes once more by scapegoating the speaker and provincial governor," he said.
