Kathmandu: In a significant decision, the Supreme Court (SC) of Nepal has issued a mandamus order today, instructing the formation of a council of ministers within 48 hours in the Koshi Province. This directive follows the SC's determination that the vote of confidence motion undertaken by Chief Minister Uddhab Thapa was unconstitutional.

A division bench of justices, comprised of Sapana Pradhan Malla, Dr. Kumar Chudal, and Nahakul Subedi, has issued this mandamus order addressed to the Chief of Koshi Province, invoking Article 168 (3) of the Constitution of Nepal.

The SC emphasized that constitutional provisions for natural alternatives should be followed. Accordingly, it stipulated that the parliamentary party leader of the single largest party must be appointed as the Chief Minister. The court's decision underscores the importance of utilizing various constitutional options to ensure a healthy constitutional process rather than repeatedly relying on a single option.

The petition that led to this ruling was filed by Hikmat Kumar Karki, the parliamentary party leader of the CPN (UML) in Koshi Province. Karki had argued that the process Chief Minister Thapa employed to secure a vote of confidence was unconstitutional. Thapa had sought the vote of confidence from the provincial assembly on August 23, 2023.

This decision by the Supreme Court carries significant implications for the political landscape in Koshi Province and is expected to lead to the prompt formation of a new government.