KATHMANDU, JUNE 14
Phaninder Devkota, a member of the Nepal Samajwadi Party's Gandaki provincial assembly who ran for the 2022 election under the CPN-MC symbol and voted for Chief Minister Surendra Raj Pandey, disobeying the CPN-MC whip, has been prosecuted.
Gandaki Chief Minister Surendra Raj Pandey had received the trust vote on June 10 after Phanindra Devkota, a Nepal Samajwadi Party lawmaker who ran in the 2022 election under the CPN-MC symbol, crossed the floor to vote for Pandey.
Speaker Krishna Dhital informed the Provincial Assembly meeting on Friday about the letter that the CPN-MC Gandaki Provincial Parliamentary Party had submitted to the Provincial Assembly Secretariat.
According to Dhital, action was taken against Devkota based on the CPN-MC's recommendation for violating the whip during the Gandaki Provincial Assembly meeting on Friday.
Prior to this, the CPN-MC sought clarification from Devkota and began the process of action. The MC had issued a whip instructing its members to vote against the trust vote. However, Devkota refused to obey the order. Speaking at the provincial assembly meeting, MC's provincial assembly leader, Hari Bahadur Chuman, argued that Devkota cannot disobey the whip because he is a lawmaker representing the party.
Following the floor crossing, Devkota was appointed Minister of Energy, Water Resources, and Drinking Water by the government. It is unclear what will happen to his ministerial position if he is no longer a member of parliament following the letter indicating that the CPN-MC has taken action.
According to the constitution, even non-MPs can serve as ministers for six months.
With the action taken against Devkota, this case is bound to reach the Supreme Court. Devkota is also preparing to file a petition with the Supreme Court challenging the suspension notice.
If he is appointed by the Supreme Court, he will continue to serve. Otherwise, elections for Gorkha constituency No. 2A will be held within six months. In the previous election, NSP's Devkota ran on the CPN-MC election symbol alongside the Nepali Congress-CPN-MC alliance.
Gandaki politics has taken an interesting turn recently, piquing people's interest in what will happen to the Gandaki government. On June 10, Chief Minister Surendraraj Pandey received support from 31 MPs in the 60-member Gandaki Provincial Assembly. According to the Supreme Court's most recent decision, thirty-one seats are required to receive a vote of confidence. Following Devkota's suspension, the state assembly now has 59 MPs.
Pandey should seek a vote of confidence within 30 days. However, 30 seats are sufficient for the majority. Following the suspension, there are 59 MPs, with 30 making up the majority. Pandey received 27 votes from the NC, two RPP members, one independent MP, and Phanindra Devkota. His government will not collapse as long as this alliance exists.
If any legislator withdraws support, the Pandey government will collapse, and a new government will be formed in accordance with Article 168(5) of the constitution.
According to the clause, any member of Parliament with a majority can claim to be Chief Minister.
On the other hand, legal experts have stated that Devkota is a member of the Baburam Bhattrai-led Nepal Samajwadi Party, so despite all of these hoaxes, Devkota's position will not be jeopardised until the Election Commission takes action.
"However, this is a legal issue that requires clarification from the judiciary," said senior advocate Yadunath Khanal. "In the meantime, in my opinion, the Devkota ministerial position is not jeopardised, and the Pandey government has a clear majority even if Devkota seeks legal remedies."
Similarly, Senior Advocate Radheshayam Adhikari said, "Even if action is taken against Phanindra Devkota, who is basically from the Babu Ram Bhattarai led Nepal Samajwadi Party, it is not going to impact the current government as it will hold the majority. They can, however, take action against the lawmaker under the Political Party Act, as Devkota ran under the CPN-MC banner."
