Former chief minister Karki decided to quit to avert dissolution of the PA and mid-term elections
KATHMANDU, OCTOBER 12
Politics in Koshi Province took a new turn today with Nepali Congress lawmaker Kedar Karki staking claim to form the government with the support of eight NC lawmakers and 39 CPN-UML lawmakers.
CPN-Maoist Centre lawmaker Indra Bahadur Angbo, who is backed by the ruling alliance, including the NC leadership, also staked claim to form the government.
Information Officer at Koshi Governor's Office Ram Kumar Shrestha said Karki and seven NC lawmakers went to Governor Parshuram Khapung to verify their signatures. Karki is close to NC leader Shekhar Koirala who leads the opposition camp in the party.
Angbo and Karki staked claims to form the government a day before the deadline for the same ended. Khapung had called on the members of Koshi Assembly to stake claim to form the government under Article 168 (5) of the constitution by 5:00pm on October 13.
Article 168 (5) stipulates: In cases where the chief minister appointed pursuant to clause (3) fails to secure a vote of confidence under clause (4) and any member referred to in clause (2) presents a ground on which he or she is able to secure a vote of confidence in the Provincial Assembly, the Chief of Province shall appoint such member as the chief minister.Earlier, Hikmat Kumar Karki who became the CM as leader of the largest party in the PA resigned on the date he was supposed to obtain vote of confidence. UML leaders had said Karki decided to quit to avert dissolution of the assembly and midterm elections.
If Karki and NC lawmakers supporting Karki refuse to back down that could complicate matters.
Senior Advocate Chandra Kanta Gyawali said the precedent set by the Supreme Court in July 2021 in the casefiled against the President's Office seeking to make Sher Bahadur Deuba the prime minister, could be invoked by Karki and his supporters, but the SC verdict was flawed as it decided that the whip would not be applicable to lawmakers exercising their power under Article 168 (5) of the constitution. He said some jurists could draw parallel between 76 (5) and 168 (5) but the real purpose of these provisions was that even somebody who is not a Parliamentary Party leader could become the PM.
"But this does not mean that the members should work as partyless or independent lawmakers' becausetreating lawmakers as independent members would go against the norms of democracy," he added.
Angbo claimed he was nominated with a clear majority.
Talking to mediapersons at the office of the Governor, he said he staked claim to form the government after obtaining support of majority PA members.
He said the governor will take a concrete decision only after consulting constitutional experts and keeping in mind the legal provisions in relation to the CM's post. Thesignatures of PA members submitted by him are fresh, he argued.
"I believe the provincial chief will decide after thoroughly analysing all aspects," he said.
Angbo submitted the claim with the support of 47 Provincial Assembly members of the ruling coalition parties in Koshi. It includes the signatures of 29 members of Nepali Congress, 13 of the CPN-MC, four of CPN (US) and one member of the JSP-N.
Similarly, A meeting of the ruling alliance held at the PM's residence today at Baluwatar decided to support CPN-MC lawmaker Angbo,according to NC Chief Whip Ramesh Lekhak.
Lekhak told THT that Koshi Provincial Assembly member Kedar Karki's decision to stake claim to form the government in the province was his party's internal matter and he hoped the party would resolve the issue by tomorrow.
Earlier, Uddhav Thapa, NC provincial assembly leader, was appointed CM twice, he, however, failed to pass the floor test.
Likewise, Koshi Province Head Parshuram Khapung on Saturday called upon provincial lawmakers to stake their claim for the post of new CM.
Khapung asked members of the Koshi Province Assembly for someone who could secure a vote of trust in the assembly to stake claim for the chief ministerial position by 5:00pm on Friday in accordance with article 168(5) of the constitution, reads the notice issued by Khapung on Saturday.
According to the constitution, CPN-UML PA leader Karki, who was appointed chief minister according to Article 168 (3) of the constitution on September 8 following the apex court's ruling, had to garner vote of confidence by Saturday.
Appointment of a chief minister in accordance with Article 168(5) and securing a trust vote within 30 days after the appointment is vital because being unable to garner confidence will lead the province to midterm elections.
A version of this article appears in the print on October 13, 2023, of The Himalayan Times
