Fresh elections might be the only option, which is time-consuming and a drain on the resources

The Supreme Court has ordered the newly-formed government of Koshi Province not to take any decision that will have long-term impact. The order comes in the wake of a government that enjoys an equal number of seats in the Provincial Assembly (PA) as that of the opposition, where any decision will require the tie vote of the Speaker. In the 93-member unicameral legislative assembly of the federal province, the CPN (UML) has 40 members and the Rastriya Prajatantra Party (RPP) six on one side while the coalition government of the Nepali Congress, Maoist Centre, CPN-Unified Socialist Party and Janata Samajbadi Party-Nepal (JSP-N) also has 46 members. At least 47 votes are necessary to form a majority in the PA. Uddhav Thapa of the Nepali Congress was appointed the new Chief Minister of Koshi Province a week ago with the support of 47 members after the Speaker also backed him with his signature. However, supporting the government to break the tie by the Speaker is unethical and goes against the established norms as he is supposed to stay neutral and not be aligned to any of the parties in the PA.

Thapa was appointed the Chief Minister of Koshi Province by the Provincial Head in accordance with Article 168 (2) of the constitution, which stipulates that in case no party has a clear majority in the PA, a member of the provincial assembly who can claim a majority with the support of two or more parties in the PA can be appointedto the post. The former chief minister of Koshi Province, Hikmat Bahadur Karki, who took office in early January this year following the November 20 provincial elections last year, was replaced on July 7 after the change in the political coalition in the central government.

He had garnered 59 votes,with the Maoist Centre and JSP-N also supporting him. However, after the CPN (UML) withdrew support to the Prachanda-led federal government, the Maoist Centre did likewise to the CPN-UML in the provincial assemblies, leading to the collapse of UML governments in not only Koshi but also Lumbini and Gandaki.

Thapa, who has already inducted five ministers in his government, has 30 days to prove his majority, as per the constitution. But it is unlikely that he will secure any more votes than he already has. This means the Assembly Speaker will have to intervene at every step, from endorsing the annual budget to other legislative matters, to give his tie vote, which defeats the very role of the Speaker that calls for political impartiality.

One of the first tasks of Koshi PA will be to start a fresh debate on the naming of the province, against which the ethnic communities of the region have been protesting. Since the existing composition of the coalition government and the opposition in Koshi Province does not provide an outlet to the problem, and the role of the Speaker has to be kept sacrosanct, the Supreme Court must help find a way out. Or else, there will be no option other than to go for fresh elections, which is time-consuming as well as a drain on the country's resources. Given the mixed electoral system in Nepal - first-past-the-post and proportional representation - it is unlikely that it will throw up a stable government.

Air safety rules

Following the fatal crash of a Manang Air chopper in Solukhumbu district on Tuesday that left all six on board dead, the Civil Aviation Authority of Nepal (CAAN), the regulatory body, has decided to form a team to daily control and supervise helicopter and Short Take-off and Landing (STOL) operations. As per the decision, the team will ensure that all helicopter flights are conducted in a safe and efficient manner.

Under the new rules, no chopper can land or takeoff from non-controlled aerodrome locations, such as rooftops, helipads, or even open fields. Choppers have been landing on rooftops of some private hospitals in the federal capital.

Another important change CAAN has made is centralisation of the permission for helicopter operations, including rescue flights, at the Air Transport Department. The regulatory body has also barred helicopters from conducting non-essential flights, such as mountain flights, external load operation (sling flights) and showering of flowers by helicopters until September. External load operations are mostly conducted in difficult-to-reach areas by construction companies. These rules, however, must not be limited to a few weeks or months only, until the tragic air crash is erased from public memory.

A version of this article appears in the print on July 14, 2023, of The Himalayan Times.