Supreme Court Dismisses Petition Against Gandaki Province Government Formation

The Supreme Court has dismissed a legal challenge against the formation of the Gandaki Province government led by Khagaraj Adhikari from the CPN-UML. The writ petition filed by Surendra Raj Pandey, the Nepali Congress’s parliamentary leader in Gandaki Province, was scrapped by a division bench consisting of Justices Sapana Pradhan Malla and Saranga Subedi, as confirmed by Govinda Ghimire, the court’s information officer.

Pandey had contested Adhikari’s legitimacy, arguing that his claim to form a government, supported by the Speaker among others, was improper. The court, however, has removed obstacles to Adhikari’s administration, allowing it to function without the prior restraint of not making long-term decisions, which was imposed until the final decision.

The court also noted that the legitimacy of Adhikari’s majority would need to be verified in the provincial assembly. To form a government in Gandaki Province, a coalition needs the support of at least 31 assembly members. Adhikari had secured the backing of 22 CPN-UML members, including the Speaker, 8 from the CPN (Maoist Center), and one independent member, Rajiv Gurung.

This ruling follows a previous Supreme Court verdict last year concerning government formation in Koshi Province, where the support of the Speaker was deemed unconstitutional.