SC invalidates Koshi Province Government

Orders formation of majority govt as per Article 168 (2)

Himal Press 27 Jul 2023
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SC invalidates Koshi Province Government

KATHMANDU: The Supreme Court has invalidated the appointment of Uddhab Thapa as the Chief Minister of Koshi Province.

A division bench of Justices Ishwar Prasad Khatiwada, Dr. Ananda Mohan Bhattarai, and Til Prasad Shrestha nullified the Thapa-led government, which was formed with the support of Speaker Babu Ram Gautam.

Thapa made a claim to form the government on July 6 by presenting the signature of Speaker Gautam. Province Chief Parshu Ram Khapung subsequently appointed him to the post.

However, Hikmat Bahadur Karki, former chief minister and UML’s parliamentary party leader in the Koshi Province Assembly, challenged the government formation at the Supreme Court, arguing that the Speaker’s support cannot be used for government formation. He also argued that he should be reinstated to the post.

The Supreme Court has rejected Karki’s claim to be reinstated to the post.

The apex court has ordered all concerned to form a majority government of two or more parties as per Article 168 (2) of the Constitution of Nepal within seven days. If that is not possible, the government should be formed as per Article 168 (3), it ruled.

According to Article 168 (3), CPN-UML can form the government as the largest party in the provincial assembly.

The ruling and opposition camps at the center are evenly poised in the Koshi Province Assembly. The ruling coalition of Nepali Congress, CPN (Maoist Center), CPN (Unified Socialist), and Janata Samajbadi Party (JSP) has 46 members in the 93-member provincial assembly, while the opposition camp, comprising UML and Rastriya Prajatantra Party (RPP), also has 46 members.

Previously, Karki had formed a government with the support of JSP, which has one member in the provincial assembly.

Published On: 27 Jul 2023

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