The Supreme Court (SC) has refused to issue interim order in the writ petition filed against the decision to call special session of the provincial assembly in Lumbini.
CPN-UML lawmaker in the province Leela Giri had registered the petition against the decision by Governor Amik Sherchan to call the special session for Wednesday claiming that the decision is unconstitutional.
A single bench of Jutsice Ananda Mohan Bhattarai hearing the petition on Wednesday has refused to issue an interim order stating that the petition should be heard by the constitutional bench as the issues of appointment of chief minister (CM) and calling of special session of the provincial assembly are grave constitutional matters.
CM of Lumbini Shankar Pokharel resigned earlier on Wednesday. He submitted resignation to Governor Amik Sherchan just before the provincial assembly meeting was scheduled to discuss the the no-confidence motion against him.
The CPN-UML parliamentary party in Lumbini earlier on the day authorized Pokharel to take appropriate decision in the current situation.
Opposition parties had registered the no-confidence motion on August 3.
Lawmakers of Nepali Congress (NC), CPN (Maoist Center), Janata Samajwadi Party (JSP) and Rastriya Janamorcha registered the no-confidence motion at the provincial assembly secretariat. A total of 34 lawmakers signed on the no-confidence motion demanding Kul Prasad KC of Maoist Center be made the next CM.
The opposition parties on August 2 had urged Governor Amik Sherchan to invite parties to form majority government in accordance to Article 168(2) of the Constitution.
Pokharel has support of 38 lawmakers while the opposition coalition has 41 lawmakers.
