A full bench of the Supreme Court is to hear the writ petition filed by UML Parliamentary Party leader Hikmat Karki against Chief Minister of Koshi Province Uddhav Thapa arguing that the process of taking the vote of confidence was illegal.
The petition scheduled earlier for a joint bench of Justices Sapana Malla and Sushma Lata Mathema is to be heard by the full bench of the Supreme Court.
The Supreme Court has stated that a complicated legal issue has cropped again at a time when a similar kind of case had been settled a few weeks earlier.
“Since a writ petition of similar nature was settled a few weeks earlier, this petition has been scheduled in the full bench for hearing on September 4 in line with Rule 23 (2) of the Supreme Court Regulations, 2074,” the Supreme Court said.
Hence, the writ petition filed against Chief Minister Thapa will be heard through the full bench of Supreme Court.
Earlier, Justices Ishwar Prasad Khatiwada and Sushma Lata Mathema were scheduled to hear the case on September 1, but it did not take place and was deferred for September 4.
On August 24, a single bench of Justice Khatiwada issued an interim order ruling that the Koshi government should not make any decisions having a long term impact.
The apex court had sought an original document used while taking the vote of confidence.
Chief Minister Thapa had taken the vote of confidence on August 21. Ismail Mansur who chaired the assembly meeting had also voted him.
On August 23, UML Parliamentary Party leader Karki filed a writ petition at the apex court mentioning Province Chief Parshu Ram Khapung, Chief Minister Thapa and Province Secretariat as defendants.
