Himal Press 
Gandaki Chief Minister Khaga Raj Adhikari
POKHARA: CPN-UML Chief Whip in Gandaki Province Assembly, Govinda Bahadur Nepali, has claimed that Chief Minister Khaga Raj Adhikari will secure a vote of confidence, and the coalition government will get continuity.
Chief Minister Adhikari is scheduled to take a vote of confidence on Sunday. However, he doesn’t enjoy a majority in the 60-member Gandaki Province Assembly.
Adhikari was appointed Chief Minister on April 7 as per Article 168 (2) of the Constitution of Nepal, 2015. He showed the support of 22 members of his party CPN-UML, eight (including the Speaker) from the CPN (Maoist Center), and one independent member – Rajiv Gurung while making his claim for government formation.
Arguing that the support of the Speaker was also counted for Adhikari’s appointment as Chief Minister, former Chief Minister and Nepali Congress (NC) parliamentary party leader, Surendra Raj Pandey, knocked on the Supreme Court’s door. In his petition, he claimed that Adhikari’s appointment as Chief Minister is unconstitutional.
However, the Supreme Court quashed his petition on April 29 and instructed Chief Minister Adhikari to seek a vote of confidence in the province assembly.
“As the constitutionality of the majority of the Chief Minister appointed under Article 168(2) is best tested by the provincial assembly itself as per the constitution, practice, and the final option, and since the writ petitioner’s demand for an order cannot be issued in an immature state without using that option, the writ petition is rejected,” the division bench of Justices Spana Pradhan Mall and Saranga Subedi said in its order.
The Supreme Court order states that 30 members, excluding the Speaker, were seen supporting Adhikari among 60 members in the province assembly. However, the debate on whether the support of 31 or just 30 members is required for a majority vote remains unresolved. While the ruling parties claim that 30 members are sufficient for a majority, the main opposition Nepali Congress is insisting that the support of 31 members is a must for a majority.
As per Article 168(4) of the constitution, Adhikari’s government must secure a vote of confidence in the provincial assembly within 30 days of his appointment, i.e., by May 6. Accordingly, a meeting of the province assembly has been called for 3 pm on Sunday.
Speaker Krishna Prasad Dhital told Himal Press that the Chief Minister has informed the province assembly secretariat in writing that he would seek a vote of confidence on Sunday.
Adhikari was preparing to seek a vote of confidence on April 19 itself. A meeting of the province assembly was also called on that day. However, the province assembly couldn’t proceed with its business as the assembly members of the main opposition boycotted the session, stating that the matter was sub judice.
Rastriya Prajatantra Party (RPP), whose support is crucial for both the ruling and opposition parties, have clearly stated that it won’t support Chief Minister Adhikari. Although the ruling coalition had proposed the position of Speaker for RPP, the party has rejected the proposal outright.
If RPP accepts the position of Speaker, the ruling coalition will have 31 members, which is a clear majority in the 60-member province assembly.
RPP spokesperson Mohan Shrestha clarified that his party has decided not to support the ruling alliance in any way. “There is no reason why we should accept their proposal,” he added.
On the other hand, Minister for Physical Infrastructure Development Hari Bahadur Chuman said that the government will move forward based on the Supreme Court’s order that 30 members constitute a majority.
