Chief of Koshi province Parshuram Khapung has invited parties to stake claim for the post of chief minister (CM).
Issuing a statement on Friday, the Office of Provincial Chief has invited two or more parties to stake claim for the new government by five in the evening if August 1, as per Article 168 (2) of the Constitution.
The statement has pointed that it would be appropriate to constitutionally initiate the process from the point where the Supreme Court ruled that there was mistake in use and implementation of the Constitution.
The SC's verdict to revoke appointment of Uddhav Thapa of Nepali Congress (NC) as the Koshi province chief minister (CM) has created confusion about care-taker CM.
The full bench including Justices Ishwore Prasad Khatiwada, Ananda Mohan Bhattarai and Til Prasad Shrestha on Thursday has deemed signing by the speaker to form the government unconstitutional and given seven days to form a new government of two or more than two parties in the province.
Some argue that Thapa's predecessor Hikmat Karki should be caretaker CM as the SC has ruled Thapa's government to be unconstitutional while others claim that Thapa should continue as caretaker CM until the new government is formed.
The SC has instructed to form a new government under Article 168 (3) of the Constitution if a new government including two or more than two parties could not be formed in seven days.
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.
NC parliamentary party leader Uddhav Thapa was appointed the new chief minister of Koshi province on July 6 with the support of 47 lawmakers from the ruling coalition--29 from NC, 13 including Koshi provincial assembly Speaker Baburam Gautam from CPN (Maoist Center), four from CPN (Unified Socialist) and one from Janata Samajwadi Party.
UML had then moved the SC against the government formation saying it was against the Constitution for the speaker to support a claim for the post of chief minister.
Karki had 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 had 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 were made defendants in the petition.
