A writ petition has been filed at the Supreme Court on Tuesday seeking the court’s order to annul the appointment of Khagaraj Adhikari as Gandaki chief minister.

Former Chief Minister Surendraraj Pandey registered the petition arguing that the appointment was unconstitutional. He has petitioned the court to issue an order for his continuation as chief minister.

In his petition, Pandey argued that the appointment was against the constitution and established precedents and demanded that the court stay the appointment and ensure his continuity as the chief minister.

The court will hear the writ petition on Wednesday.

A meeting of top Congress leaders held at the residence of President Sher Bahadur Deuba on Monday had decided to move the court after concluding that the government was formed unconstitutionally.

On Sunday, Adhikari became the chief minister in Gandaki, a move that blatantly disregarded both the precedent set by the Supreme Court and the principles outlined in the Constitution of Nepal.

Province head Dilliraj Bhatta appointed Adhikari to the position as per Article 168 (2) of the Constitution after he staked a claim for the chief ministerial position with the support of a majority of provincial assembly members including the Speaker.

Adhikari presented the support of 31 members—22 from his party, eight from the CPN (Maoist Centre) and an independent member. The eight from the Maoist Centre include Speaker Krishna Prasad Dhital. Support of 31 members is required for a minimum majority in the 60-strong provincial assembly.

The Congress had urged Province Head Bhatta not to appoint Adhikari as Chief Minister, arguing that the claim of support from the UML-Maoist alliance was unconstitutional.

On July 27 last year, the top court, setting a precedent, annulled the Uddhav Thapa-led Nepali Congress government in Koshi concluding that the Speaker cannot be a part of the government formation process.