The Supreme Court has issued a short-term interim order directing that the decision to remove Ambika Kafle, a member of the Lumbini Provincial Assembly from the Janata Samajwadi Party Nepal (JSP Nepal), not be implemented immediately.
Kafle was removed on the recommendation of the JSP Nepal’s parliamentary party after she stood against Lumbini Chief Minister Chet Narayan Acharya, contrary to the parliamentary party’s directive.
Based on a recommendation made by parliamentary party leader Santosh Kumar Pandeya on August 24 to remove Pandeya from her position, the Provincial Assembly Secretariat issued a notice on September 9 declaring Kafle’s seat vacant. Kafle then moved the Supreme Court challenging the decision.
Following a hearing on Tuesday, a single bench of Justice Kumar Regmi issued the short-term interim order preventing immediate implementation of the decision to remove Kafle.
Senior advocates Mithilesh Kumar Singh, Dinesh Tripathi and Chandra Kanta Gyawali, along with advocates Birendra Kumar Thakur, Preeti Raman, Saya Khadka, Kirtinath Sharma Paudel, Ambika Kafle, and Bhagawati Subedi, argued on behalf of Kafle.
Following the hearing, Justice Regmi’s single bench summoned both sides for a discussion on October 2 on whether an interim order should be issued.
The court order directs the defendants to submit a written response within 15 days, excluding the time required for delivery of the notice, explaining why the order sought by the petitioner should not be issued and providing any supporting grounds and evidence.
Following the Supreme Court’s order, Kafle said that she felt she had received justice, adding that the order had demonstrated that the Provincial Assembly Secretariat’s decision was political, prejudicial, and wrong.
The JSP Nepal’s central leadership had also issued a statement opposing the removal, arguing that the Provincial Assembly Secretariat’s decision, made under the direction of Speaker Tularam Gharti while the provincial assembly was not in session, was against the law.
There are five JSP Nepal lawmakers in the Lumbini Provincial Assembly, including Kafle. After the Nepali Congress recently withdrew from the Lumbini provincial government, the JSP Nepal parliamentary party decided to support Chief Minister Acharya. The JSP Nepal central committee, however, instructed its lawmakers to stand against the chief minister.
The five JSP Nepal lawmakers subsequently split into two camps. Kafle opposed Chief Minister Acharya in accordance with the party center’s directive, while the other four voted in favor of him.
After Kafle went against the parliamentary party’s directive and voted against the chief minister, parliamentary party leader Pandeya recommended to the party’s central committee and the Provincial Assembly Secretariat to take action against her.
Of the four JSP Nepal lawmakers who voted in favor of the chief minister, parliamentary party leader Pandeya and Bhandari Lal Ahir are ministers in the provincial government. Although the JSP Nepal central leadership has already expelled Pandeya, Ahir, Adesh Kumar Agrawal, and Hema Belbase KC from the party, revoking even their ordinary membership, the Provincial Assembly Secretariat has not removed them from their positions as provincial lawmakers.
