Hearing on a case against Koshi government postponed

KATHMANDU: The hearing on the case against the Koshi Province government, scheduled for Sunday, has been postponed.

The hearing was postponed on Sunday after one of the three justices, Sunil Kumar Pokharel, recused himself, stating that he had previously passed a judgment in a related dispute involving the province government.

During the hearing, Advocate Tika Ram Bhattarai, representing Chief Minister Hikmat Kumar Karki, questioned whether Pokharel could participate in the case. After consulting with the other justices, Pokharel decided to recuse himself, according to a Supreme Court official.

A full bench, including Justices Prakash Kumar Dhungana and Abdul Aziz Musalmang along with Pokharel, was hearing the case.

Former Chief Minister Kedar Karki filed the writ petition on May 9, demanding that he be reinstated as the Chief Minister. The petitioner is seeking a certiorari and mandamus order from the Supreme Court under Article 133 (2) and (3) of the Constitution of Nepal, 2015.

Kedar Karki argues that, since he was appointed following the last measure prescribed in the constitution, no other government can be formed.

Article 133 (2) states: “The Supreme Court shall, for the enforcement of the fundamental rights conferred by this Constitution or of any other legal right for which no other remedy has been provided for or for which the remedy, even though provided, appears to be inadequate or ineffective or for the settlement of any constitutional or legal question involved in any dispute of public interest or concern, have the extraordinary power to issue necessary and appropriate orders, provide appropriate remedies, enforce such rights, or settle such disputes.”