Outgoing Chief Minister of Koshi province Kedar Karki has filed a writ petition at the Supreme Court against the formation of a new government in the province.
Advocate Supreksha Joshi filed the petition on behalf of Karki at the Supreme Court on Thursday afternoon.
Karki has demanded that he be retained as chief minister and that Hikmat Karki not be allowed to undertake any work in the capacity of chief minister.
The petitioner has sought a certiorari and mandamus order according to Article 133 (2) and (3) of the Constitution.
The Koshi Province Chief’s Office, Province Chief Parshuram Khapung, Provincial Assembly Speaker Ambar Bahadur Bista, proposer of resolution motion Rewati Raman Bhandari, supporters Ganesh Prasad Upreti, Kishor Chandra Dulal and CPN-UML parliamentary party leader in Koshi Hikmat Karki have been made defendants in the petition.
Karki flew to Kathmandu after Province Chief Khapung called for formation of a new government according to Article 168 (5) of the Constitution on Wednesday night.
CPN-UML leader Hikmat Karki was appointed chief minister for a third time on Thursday afternoon. He had staked claim for the post with the support of 52 lawmakers – 39 from UML and 13 from CPN (Maoist Center) – on Thursday morning.
The Province Chief’s Office issued a notice that said the province chief called for formation of a new government as 30 days had passed since parties withdrew their support to the government, the chief minister had not taken a vote of confidence, and that he had fallen into minority after a resolution motion was passed against him.
Karki has claimed that formation of a new government is unconstitutional.
