Says CPN-MC cannot take action against NSP lawmaker
KATHMANDU, JUNE 24
The apex court passed an interim ruling in relation to the 'floor crossing' incident in the Gandaki provincial assembly during the vote of confidence of incumbent Chief Minister Surendra Raj Pandey. The Supreme Court on Monday, issued an interim order allowing Phanindra Devkota, a Nepal Samajwadi Party legislator accused of the 'floor cross' despite the CPN-MC whip's instructions.
MP Devkota rejected the Maoist parliamentary party's "whip" in the provincial assembly.
The CPN-MC recommended action against Devkota, and speaker Krishna Dhital read a letter on June 14 to the assembly stating that action was taken against Devkota based on the CPN-MC's recommendation for crossing the floor.
Devkota reached the Supreme Court after being relieved of his position. Devkota argued, "There is a constitutional arrangement that the party from which I won the election as a candidate can ask me for an explanation according to the law," citing Article 180 of the Nepalese Constitution and Articles 31 and 32 (2) and (5) of the Political Parties Act 2017. As a result, the CPN-MC cannot pursue action against the member of the Provincial Assembly who was elected as a candidate of Nepal Samajwadi Party."
On Monday, Supreme Court Justice Prakash Man Singh Raut issued an interim order, reinstating Devkota as a member of the Gandaki Provincial Assembly.
The Supreme Court clarified that Devkota is a member of the Nepal Samajwadi Party, led by former prime minister Baburam Bhattarai. Despite being elected with the CPN-MC's election symbol, he is not a member of the party.
The Supreme Court has stated three chief grounds: Firstly, CPN-MC cannot take action as Devkota does not belong to it, secondly, the information published in the gazette; and thirdly, the party concerned has not made any decision or left the party. The SC also termed the action taken by the CPN-MC unconstitutional for the time being based on these three grounds.
"There is no dispute that the petitioner was elected as a member of the Gandaki Provincial Assembly, and the fact that the petitioner is affiliated with the Nepal Samajwadi Party is clear from official documents, including the notice published in the Nepal Gazette," reads the SC order. "It does not even appear that the Nepal Samajwadi Party took action and expelled the petitioner."
The Supreme Court issued an interim order until the case is resolved. Following the Supreme Court's decision, Devkota is now a MP of the Gandaki Provincial Assembly from the Nepal Samajwadi Party.
"It does not appear constitutional or legal to take action against defendants until the final verdict because it appears that the petitioner will be unable to fulfil his role as a representative of the people and will suffer irreparable harm," reads the order.
Gandaki Chief Minister Surendra Raj Pandey 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.
On June 11, after Devkota voted in favour of the confidence vote, the CPN-MC sent a letter to the provincial assembly stating that he had been elected to the provincial assembly using the CPN-MC electoral symbol in the general election.
Speaker Dhital later announced, on the basis of the letter sent by CPN-MC on June 14 in the provincial assembly, that he had relieved Devkota of his positions.
On June 20, after being suspended, Devkota filed a writ petition with the Supreme Court. The writ was debated both Sunday and Monday. The CPN-MC intervention was debated on their behalf during the first day of the debate. Devkota was reinstated as a member of the provincial assembly by the Supreme Court within ten days of his dismissal from office.
