ITAHARI: Discussions on the fate of the Koshi Province Government have begun as Chief Minister Kedar Karki’s government loses majority. While some say mid-term polls are likely in Koshi Province if Chief Minister Karki fails a floor test, others argue that there still is a basis for the formation of other governments in the province.
Karki’s government fell into a minority after CPN-UML and CPN (Maoist Center) withdrew their support.
Constitutional expert Senior Advocate Chandra Kanta Gyawali said Karki must now seek a fresh vote of confidence. “If he receives a vote of confidence from the provincial assembly, his government will continue,” he added.
However, Karki has not initiated the process to undergo a floor test. A meeting of the Koshi Province Assembly has been summoned for Thursday based on a written request from one-fourth of the province assembly members.
Gyawali insisted that mid-term elections are the only alternative if Chief Minister Karki fails the floor test. “There are no chances of forming another government in case the Chief Minister fails to gain a vote of confidence. Dissolving the provincial assembly, tendering resignation and fixing the date for the next election will be the only alternatives left for him,” Gyawali said.
Karki’s government was formed as per the last option prescribed in the Constitution of Nepal. According to Article 168 (5) of the Constitution of Nepal, any assembly member, who presents grounds on which s/he can receive a vote of confidence in the assembly, is appointed the chief minister. Karki formed his government as a member of the provincial assembly, not as the parliamentary party leader, by securing the support of assembly members from different political parties. He secured the support of eight provincial assembly members of the Nepali Congress and 39 of CPN-UML to submit his claim.
Gyawali argued that there is no possibility of forming another government in the province. “It is not possible to return to other options prescribed in the constitution for government formation. The constitution is silent about returning to Article 168 (2),” he added.
Chief Minister Karki has said that he would abide by the constitution. “I was appointed chief minister as per the option prescribed in the constitution. I will move ahead by adhering to the constitution,” he added.
According to Article 168 (7), in cases where the Chief Minister appointed under Clause 5 fails to obtain a vote of confidence or the Chief Minister cannot be appointed, the Province Chief shall, on the recommendation of the Chief Minister, dissolve the provincial assembly and appoint a date for the election so that the election to another provincial assembly is completed within six months.
UML assembly member Lila Ballav Adhikari, however, ruled out any possibility of the province heading to mid-term polls. “We do not believe that the Chief Minister will take a whimsical decision to go for mid-term elections. The basis for forming an alternative government has already been presented to the Province Chief,” Adhikari said. He argued that the minority government now must step down based on ethics, parliamentary decorum, and constitutional provisions.
UML and Maoist Center have registered a resolution at the Koshi Provincial Assembly Secretariat to put pressure on Chief Minister Karki to undergo a floor test. The two parties have reached an understanding to form the next government under UML’s Hikmat Kumar Karki.
Province Chief Parshuram Khapung has summoned the session of the Koshi Province Assembly for Thursday.
The 93-member Koshi Provincial Assembly has 40 members from UML, 29 from the Nepali Congress, 13 from the Maoist Center, six from the Rastriya Prajatantra Party, four from CPN (Unified Socialist), and one from the Janata Samajbadi Party.
