Kathmandu. The Supreme Court has ordered the appointment of a new Chief Minister in Koshi by Srawan 17. The full bench of Justices Ishwar Prasad Khatiwada, Anand Mohan Bhattarai, and Til Prasad Shrestha quashed the appointment of Uddhav Thapa as being against the Constitution of Nepal and ordered to appoint a new Chief Minister within seven days.
The Supreme Court has issued a mandate to form a new government within seven days, noting that there is a condition to form a government according to sub-section 2 of Article 168 of the Constitution. Now there will be an attempt to form the government again according to Article 168 (2) of the Constitution. The party that can secure a majority in the 93-member state assembly will form the government. 47 are needed to achieve a majority. According to Article 168 (3), if no party can secure a majority, Hikmat Kumar Karki, the leader of the parliamentary party of UML, the largest party in the state assembly, will become the chief minister.
In the order of the full bench after the hearing of the petition filed by Hikmat Karki, the leader of the Koshi State Assembly UML parliamentary party, claiming that the appointment of Thapa as the Chief Minister under the signature of Speaker Baburam Gautam was unconstitutional, it is said, ‘A person holding the post of Speaker has the status of a member of the State Assembly, and has a separate additional or dual role. It cannot be claimed.’
Chief Minister Uddhav Thapa was relieved of his post after the Supreme Court declared the government led by Uddhav Thapa, which was formed with the participation of the speaker of Koshi state, as unconstitutional. With the resignation of Chief Minister Thapa, it is certain that Hikmat Karki, the outgoing Chief Minister and leader of UML’s Koshi Province Parliamentary Party, will become the Chief Minister again as the largest party in the state.
The full bench of Supreme Court Judges Ishwar Khatiwada, Anand Mohan Bhattarai, and, Teel Prasad Shrestha annulled all the decisions to appoint Thapa as Chief Minister and ordered the formation of a new government within a week. The court has opened the way for appointing the person who gets the majority of 2 or more parties as the Chief Minister according to the same process that was used to appoint Thapa. But in this province, there is a possibility of forming a majority government only if the RPP supports the ruling party.
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