Koshi Province Chief Minister’s confidence vote unconstitutional: SC

The Supreme Court has issued an order against Chief Minister Uddhav Thapa of Koshi Province, stating that procedure the Chief Minister Thapa secured trust vote was against constitution, parliamentary practice, constitutional morality and court precedents.

A single bench of Justice Ishwor Prasad Khatiwada issued the order on Thursday. “Counting the vote of even the chair of the Province Assembly, and declaring Thapa’s win in floor test was against Article 168 (2 and 4), and Article 186 of constitution of Nepal, constitutional morality and precedents,” stated the interim order, asking the government under Thapa’s leadership to not make any policy level decision bearing long term impact till the final hearing.

For the full hearing on the case, the SC has given prior rights of hearing to it on September 1.

Arguing that Thapa had secured trust vote in an illegal manner on August 22, parliamentary party leader of CPN UML in Koshi Province, Hikmat Kumar Karki, had filed a writ petition at Supreme Court on Wednesday.

Karki had also demanded mandamus from the Supreme Court thereby paving way for his appointment as Chief Minister as per Article 168 (3) of the constitution after the government formed as per Article 168 (2) failed to secure confidence vote.