Supreme Court Deems Koshi Province Chief Minister's Confidence Vote Unconstitutional

Hamrakura
Published 2023 Aug 25 Friday

Kathmandu: The Supreme Court has rendered a verdict against Chief Minister Uddhav Thapa of Koshi Province, declaring that the manner in which he obtained a vote of confidence was unconstitutional. The court held that the procedure followed by Chief Minister Thapa during the trust vote contradicted the constitution, parliamentary norms, constitutional ethics, and legal precedents.

Justice Ishwor Prasad Khatiwada, presiding over a single bench, issued this ruling on Thursday. The interim order explicitly stated that counting the vote of the Province Assembly's chairperson and affirming Thapa's victory in the floor test was in violation of Article 168 (2 and 4), as well as Article 186 of Nepal's constitution. The order further cited infringement upon constitutional morality and established legal precedents.

As a result of this interim order, the government led by Chief Minister Thapa has been directed to refrain from making policy-level decisions with long-term implications until the final hearing takes place. The Supreme Court has scheduled the full hearing of the case for September 1, granting the case priority for a hearing.

Hikmat Kumar Karki, the parliamentary party leader of the CPN UML in Koshi Province, had submitted a writ petition to the Supreme Court on Wednesday. In the petition, Karki argued that Chief Minister Thapa had obtained the vote of confidence through an illegitimate process on August 22. Additionally, Karki requested a mandamus from the Supreme Court, seeking his appointment as the Chief Minister as per Article 168 (3) of the constitution, since the government formed under Article 168 (2) had failed to secure a vote of confidence.



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