Nepal | April 23, 2019

Vote of confidence not mandatory for Chief Minister Dormani Poudel

Himalayan News Service

Hetauda, March 11

It is reported that Province 3 Chief Minister Dormani Poudel doesn’t need the trust vote to form the provincial government as he was elected on the recommendation of forces having majority seats in the PA.

“As per the law of the land, a chief minister needs to take the trust vote within a month after s/he is elected for the post. However, this rule is not applicable in the case of Province 3 CM Poudel because he was elected to the post with the backing of forces having majority seats in the Provincial Assembly,” claimed sources close to CM Poudel.

Province 3 Governor Anuradha Koirala had appointed Poudel as chief minister on February 11. The Provincial Assembly Secretariat stated that it was going to hold its meeting only in the last week of March after the presidential election.

As per article 186 of the new constitution, the CM of the concerned PA can take the vote of trust to clarify that s/he has clear majority. Likewise, it is provisioned in the constitution that the CM has to seek the trust vote from the PA in case the political party of the CM split or other forces backing the CM withdraw their support from the government within 30 days. Likewise, if the CM fails to garner majority votes of the total PA members, s/he will be relieved of the post of CM automatically.

Similarly, one-fourth members of the PA can submit a written no-confidence motion against the CM, but it can’t be submitted before two years have passed after the CM is appointed. The no-confidence motion can’t be submitted within a year after it fails to succeed once. In case the no confidence motion gets endorsed and the post of CM remains vacant, any PA member with majority seats proposed by the PA can be appointed CM by the governor as per article 168.

Of the 110 PA members in Province 3, a total of 58 lawmakers are from the CPN-UML alone. CPN -Maoist Centre, which has 23 seats in the PA also backs the UML. Hence, the left alliance candidate has a strong majority in the province. Likewise, Nepali Congress, which is the third strong force in the PA, has 21 seats and Bibeksheel Sajha has three, Nepal Workers and Peasants Party has two while Rastriya Prajatantra Party, Rastriya Prajatantra Party (Democratic) and Naya Shakti Nepal has one seat each in the PA.

 


A version of this article appears in print on March 12, 2018 of The Himalayan Times.


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