Himal Press 
KATHMANDU: The Supreme Court has directed Madhesh Province Chief Minister Saroj Yadav to secure a vote of confidence in the provincial assembly within 24 hours.
A division bench of Justices Hari Prasad Phuyal and Nityananda Pandey issued a mandamus order on Monday, instructing the defendants — including the Office of the Province Chief — to initiate the government formation process under Article 168(2) of the Constitution of Nepal, 2015, if Yadav fails to obtain the required confidence vote.
If Yadav secures the vote of confidence, he will continue as the Chief Minister. Should he fail to secure the trust vote, the Supreme Court has instructed the Province Chief and the opposition parties to move ahead with forming a new government or appointing a chief minister under Article 168(2).
The bench was hearing a writ petition filed by 74 members of the Madhesh Province Assembly challenging the Province Chief’s decision to appoint Yadav as Chief Minister under Article 168(3).
Former Province Chief Sumitra Subedi Bhandari had appointed Yadav Chief Minister on November 9 and administered the oath of office at around 4 am the following day at a hotel in Bardibas.
Bhandari has since been relieved of her position. She had appointed Yadav under Article 168(3) only if a government cannot be formed under Article 168(2).
All parties in the provincial assembly, except the CPN-UML, have opposed Yadav’s appointment, calling it unconstitutional.
