Himal Press 
KATHMANDU: There is growing debate over whether Prime Minister KP Sharma Oli should seek a vote of confidence after two minor parties of the ruling coalition, Nagarik Unmukti Party (NUP) and Janata Samajbadi Party (JSP) Nepal, withdrew their support, though the ruling coalition still holds a clear majority in Parliament.
The NUP has four seats in the House of Representatives, while JSP Nepal has five. NUP decided to withdraw support on July 6 (Asar 22), and JSP Nepal followed on July 16. Both parties have officially informed the Prime Minister’s Secretariat of their decisions.
Following their exit, there is uncertainty over whether Prime Minister Oli must seek a vote of confidence. Oli told journalists recently that there is no need to take a vote of confidence.
Sources close to Oli argue that the withdrawal of support by smaller parties does not necessitate a vote of confidence, as the government still commands a majority. The ruling coalition, comprising the Nepali Congress (NC) and CPN-UML, currently holds 179 votes in the lower house.
When Oli sought a vote of confidence after he was appointed Prime Minister, he secured 188 votes. Even though he has lost nine of those votes now, UML leaders argue that his majority remains intact.
As per Article 100 (1) of the constitution, the Prime Minister may, whenever he or she considers necessary or appropriate to
show that he or she has confidence from the House of Representatives, table a motion to that effect in the House of Representatives for a vote of confidence.
Senior Advocate Tikaram Bhattarai said the Prime Minister may seek a vote of confidence at any time, not just when a supporting party withdraws.
“As per Article 100 (2), the Prime Minister must seek a vote of confidence in the House within 30 days if the party the Prime Minister represents is divided, or if a party participating in the government withdraws its support, Bhattrai said. “Such is not the case now. The current debate centers on the phrase ‘if a party participating in the government withdraws support’.”
While JSP Nepal was not part of the government, NUP ministers are still in the government even though the party has withdrawn its support.
“NUP ministers are still in office. JSP Nepal was never in the government,” Bhattarai said. “The constitution only mandates a vote of confidence if a participating party pulls out.”
This, according to leaders close to Oli, is why he maintains that a vote of confidence is not necessary. UML, the Prime Minister’s own party, has said there is time for further internal discussions on the matter.
“Constitutionally, a vote of confidence is required only after a party leaves the government,” UML Chief Whip Mahesh Bartaula told Himal Press. “But when we presented our claim at the Office of the President, it was only the two parties—NC and UML. The seven-point agreement that formed the basis of the coalition is also only between these two parties. So, we are still discussing what the implications are if other parties not mentioned in that agreement withdraw.”
Bartaula added that any decision would be based on legal precedent and constitutional provisions.
