SC denies interim order against formation of Koshi Province govt

Kathmandu, May 10: The Supreme Court (SC) has denied an interim order demanded by the petitioner against the formation of Koshi Province government.

A single bench of Justice Hari Phuyal on Friday declined to issue the interim order, rather sought a full bench hearing, citing the need of interpretation of constitution.

With this, the apex court ordered both parties to be present in the court for a discussion on May 22. 

The court further outlined five questions to be addressed concerning the disputes over the formation of the government: Whether the Chief Minister appointed as per Article 168 (5) of the constitution is obliged to obtain a vote of confidence in accordance with Article 188 (2) following the information about the withdrawal of support by the supporting parties and members; whether the post of Chief Minister appointed in accordance with Article 168 (5) of the constitution could become vacant by procedures other than those stated in Article 169(1) of the constitution; whether the Chief Minister appointed in accordance with Article 168 (5) is eligible to receive facilities provisioned in Article 188 (4); what is the constitutional and legal validity of the grounds stated in the statement issued by the Koshi Province Chief on May 8 and the resolution proposal cited in the statement and what are the limitations of the jurisdictions of the Province Chief and the Province Assembly in the formation and dissolution of the Province government?

A full bench hearing is warranted in this case, as it requires interpretation of constitution. It was therefore not necessary to issue interim order as per petitioner’s demand, the court order stated. 

The SC issued such order in response to a writ petition filed by the outgoing Chief Minister of Koshi Province, Kedar Karki, against the appointment of Hikmat Bahadur Karki, parliamentary party leader of CPN UML as Chief Minister in Koshi Province.

In the petition filed on Thursday, Kedar Karki had demanded the SC to scrap the Province Chief’s call to stake a claim for government formation in the province.

However, Province Chief Parshuram Khapung had appointed Hikmat Karki after Karki presented his claim for CM along with the signatures of the supporters on Thursday itself.