Kathmandu, April 29: The Supreme Court has ruled that the writ against the formation of Gandaki government will be dismissed. A bench of Justices Sapana Pradhan Malla and Saranga Subedi ordered that the writ be dismissed. With the order of the apex court, the chief minister of the province, Khagaraj Adhikari, will be able to expand the government and take the vote of confidence.
Nepali Congress parliamentary party leader and outgoing Chief Minister Surendra Pandey filed a writ petition saying that it is unconstitutional for the Chief Minister to include the Speaker to form a majority.
It is said in the order, “When there is a constitutional, practical and final option to test the legitimacy of the majority in which the Chief Minister does not have a majority, the provincial assembly is not using that option, but if it is seen to be in a state of immaturity, if there is no need to issue an order in accordance with the demand of the writ petition, then the writ petition shall be dismissed.”
On 25 Chait 2079, UML parliamentary party leader Khagaraj Adhikari submitted a claim to the provincial chief saying that he has the support of UML, Maoist center and independent candidate Deepak Manange.
On this basis, the state chief Dilliraj Bhatta appointed him as the chief minister. Congress leader Pandey filed a writ petition claiming that while counting MPs within the Maoist parliamentary party, Speaker Krishna Dhital was also counted and this was against the constitution, and apex court’s earlier verdict.
