Preliminary hearing on a petition challenging the formation of the new government in Koshi province as “unconstitutional” is scheduled to take place on Sunday.
According to the Supreme Court administration, hearing on the petition has been scheduled for 10 AM Sunday.
Hikmat Karki, the outgoing chief minister and CPN-UML parliamentary party leader in Koshi, moved the Supreme Court on Friday terming the process for formation of the new government in Koshi unconstitutional.
He has filed a petition at the apex court demanding revocation of province chief Parshuram Khapung’s decision to appoint Nepali Congress parliamentary party leader Uddhav Thapa as chief minister.
Stating that the new government formed as per Article 168 (2) of the Constitutional was unconstitutional, Karki has demanded that the court revoke the decision to form the new government through a certiorari order and issue a mandamus to pave the way for formation of a new government as per Article 168 (3).
Karki has demanded a mandamus to appoint him chief minister as the leader of the largest party in the provincial assembly.
Thapa was appointed chief minister on Thursday with the support of 47 lawmakers from the ruling coalition -- 29 from NC, 13 including the speaker from CPN (Maoist Center), four from CPN (Unified Socialist) and one from Janata Samajwadi Party.
The coalition parties have a total of 47 votes, which constitutes a majority in the 93-member provincial assembly. However, Maoist Center also included Speaker Baburam Gautam's signature to achieve the required majority. While party leaders’ signatures would suffice while staking claim for government formation, there’s still confusion over the speaker’s role during a floor test.
