The Supreme Court has refused to issue an interim order on a writ petition filed against the formation of a new government in Koshi province.
Hearing the petition on Friday, a single bench of Justice Hari Prasad Phuyal said that it was not necessary to issue an interim order as demanded by the petitioner.
Outgoing chief minister of Koshi Kedar Karki filed a writ petition at the Supreme Court on Thursday against Province Chief Parshuram Khapung’s call for formation of a new government.
Advocate Supreksha Joshi filed the petition on behalf of Karki at the Supreme Court on Thursday afternoon.
He sought an interim order to continue him as the chief minister and bar CPN-UML leader Hikmat Karki from undertaking any work in the capacity of chief minister.
The petition named 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 as defendants.
The court has ordered the defendants to furnish a written response within 10 days as to why it should not pass an order as demanded by the petitioner.
It has also scheduled the next hearing on the petition for May 22 citing the gravity of the case.
Kedar Karki moved the Supreme Court 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.
Kedar Karki has claimed that formation of a new government is unconstitutional.
