The Supreme Court has issued an interim order to the Koshi province government to not take any decision that could have a long-term impact.
Hearing a petition filed against the formation of the new Koshi government, a single bench of Justice Sapana Malla Pradhan on Wednesday passed an interim order to Koshi’s chief minister Uddhav Thapa to not take any decision that could have a long-term impact until the case is decided.
The bench has ordered the defendants to furnish a written response on July 19 and also set the next hearing for July 23. The court’s order on Wednesday states that hearings on the petition will take place regularly from July 23.
Outgoing chief minister and CPN-UML parliamentary party leader for Koshi province Hikmat Kumar Karki had filed a petition at the Supreme Court on Friday stating that province chief Parshuram Khapung had appointed Uddhav Thapa of Nepali Congress as the chief minister in an unconstitutional manner.
Karki has demanded that Thapa’s appointment be revoked through a certiorari order, arguing that the appointment made as per Article 168 (2) of the Constitutional was illegitimate. He has also demanded a mandamus to pave the way for his appointment as chief minister in accordance with Article 168 (3) of the Constitution.
Koshi province chief Khapung, chief minister Thapa and Koshi provincial assembly Speaker Baburam Gautam have been made defendants in the petition.
Senior advocates Shambhu Thapa, Bhimarjun Acharya, Chandra Kanta Gyawali, Surya Bhandari, Tikaram Bhattarai and Kedar Dahal argued on behalf of Karki on Wednesday.
