The Supreme Court on Friday declined to issue an interim order in the ongoing legal challenge regarding the appointment of Hikmat Karki as the Chief Minister of Koshi. The petition against the appointment was filed by the former Chief Minister, Kedar Karki of the Nepali Congress.
During the proceedings, a single bench led by Justice Hari Phuyal directed the respondents, including the Office of the Province Head, to explain within ten days the rationale behind the appointment and to justify why the court should not grant the relief sought by the plaintiff.
The court emphasized the importance of a final hearing to address the matter, given its constitutional implications. “There is no necessity for an interim order; it is more suitable to resolve the dispute through a final hearing as it requires constitutional interpretation,” Justice Phuyal noted in the court’s directive.
The writ petition is set for a final hearing on May 22.
The controversy began after Province Head Parshuram Khapung appointed Hikmat Karki on Thursday, under Article 168 (5) of the Constitution, following Karki’s successful claim supported by 52 lawmakers. The requirement for a majority in the 93-member assembly stands at 47 lawmakers.
This is Karki’s third term as Chief Minister and marks the sixth government change in Koshi since the November 2022 elections. He represents Jhapa Constituency-5 (A) in the provincial assembly.
Kedar Karki, the petitioner and immediate past chief minister, has labeled the appointment unconstitutional and is seeking the court’s intervention through orders of mandamus, certiorari, and quo warranto to be reinstated as Chief Minister.
10th May 2024
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