The main opposition CPN-UML has moved the Supreme Court against the process of the formation of the government in Koshi Province, terming it unconstitutional.

The UML filed a writ petition at the apex court on Friday after the ruling alliance showed the majority to form the government by including the signature of the provincial assembly Speaker Baburam Gautam on Thursday.

“Our writ petition has been registered at the Supreme Court,” said Rewati Raman Bhandari, chief whip of CPN-UML Koshi Provincial Assembly. “The hearing on the writ has been scheduled for Sunday.”

On Thursday, Province Head Parshuram Khapung appointed Nepali Congress parliamentary party leader Uddhav Thapa as the new chief minister, based on claims of the majority that included the support of the Speaker as well.

Opposition parties have strongly objected to the inclusion of the Speaker saying that the head of the assembly can’t take a side in the formation of a government led by a political party.

Thapa was appointed in accordance with Article 168(2) of the constitution after he laid claim to lead a majority-based government with the signatures of 46 lawmakers and Speaker Baburam Gautam. Signatures of 29 lawmakers from the Congress, 13 from the CPN (Maoist Centre) including the Speaker, four from the CPN (Unified Socialist) and one from the Janata Samajbadi Party were submitted to the provincial head.

According to UML Chief Whip Bhandari, the petition was filed in the Supreme Court demanding that an order be issued to quash the incumbent ‘unconstitutional government’ formed under Article 168 (2) of the Constitution and issue an order paving the way for the formation of a new government in accordance with Article 168 (3).

The Article 168(3) states that if a government couldn’t be formed under 168 (2), the provincial head shall appoint as the Chief Minister the parliamentary party leader of the party which has the highest number of members in the provincial assembly. The chief minister appointed under clause (2) or (3) shall obtain a vote of confidence from the provincial assembly no later than 30 days after the date of such appointment, it says.

With 40 seats, CPN-UML is the largest party in the 93-member assembly.

“We have registered a writ as the government has been formed by disregarding the constitutional process,” said Bhandari.