The Supreme Court has issued an interim order in the name of the Koshi Province government asking the latter not to make long-term and policy decisions.
Hearing the writ petition filed by CPN (UML), a single bench of Justice Ishwar Prasad Khatiwada on Thursday issued an interim order to this effect arguing that the trust-vote taking process by Chief Minister Uddhav Thapa was deemed not in accordance with Article 186 of the Constitution, parliamentary practices, constitutional norms and values and the principles of the court.
“An interim order has been issued in the name of the Koshi government led by Chief Minister Uddhav Thapa asking the latter not to make any long-term and pollicy decisions until the writ filed at the apex court is fully settled,” reads the verdict issued by a single bench of Justice Ishwar Prasad Khatiwada, “The interim order has been issued in line with Rule 49 of the Supreme Court Regulations, 2074 after the trust-vote taking process was deemed not consistent with the law."
CPN-UML had filed a writ petition at the apex court after lawmaker Israil Mansuri, who was chairing the province assembly meeting, cast his vote in the vote of confidence held in the province assembly on August 21.
Lawmakers Israil Mansuri and Geeta Timalsina had chaired the assembly meeting in turns held on August 21 in turns, the apex court has said.
The court's order further says Chief Minister Thapa had received 47 votes including the votes of Mansuri and Timalsina. Thirty votes had been cast against Thapa. Meanwhile, the apex court has ordered to prioritize the writ and schedule it for September 1 for a full hearing.
In the 93-member province assembly of Koshi Province, UML has 40 MPs, Nepali Congress (29), CPN (Maoist Center) (13), Rastriya Prajatantra Party (6), CPN (Unified Socialist) (4), and Janata Samajbadi Party has 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.
