Kathmandu, July 27: The Supreme Court has dismissed the Koshi Province government and begun new process to form next government.
Former Chief Minister Hikmat Karki had filed a case in Supreme Court demanding null and void of the Uddhav Thapa’s government, citing the Provincial Speaker had signed a request letter to form the government.
A full bench of Justices Ishwar Prasad Khatiwada, Anand Mohan Bhattarai and Til Prasad Shrestha quashed the appointment of Chief Minister Uddhav Thapa.
The Supreme Court has ruled that the Speaker’s participation in the formation of the Koshi government was against the constitution.
The apex court has ordered to begin process of forming next government within a week.
On Ashad 21, 2080BS, the leader of the Koshi Pradesh Congress Parliamentary Party, Thapa claimed the post of Chief Minister, in which he also submitted the support of Speaker Baburam Gautam. Based on this support, the province chief Parshuram Khapung appointed Thapa as the chief minister.
The Supreme Court said that the speaker cannot support anyone by showing the reasons why the government should be formed. The Supreme Court has mentioned that the Speaker’s support is not in accordance with the Constitution, saying that the Speaker does not have that kind of authority.
According to the order of the Supreme Court, there will be an attempt to form the government again according to Article 168 (2) of the Constitution. The party that can secure a majority in the 93-member state assembly will form the government.
According to 168 (3), if no party can get a majority, then Hikmat Kumar Karki, the leader of the parliamentary party of UML, the largest party in the provincial assembly, will become the chief minister.
Meanwhile, senior advocate Dr Bhimarjun Acharya has said that Hikmat’s government will be reinstated.
