The Supreme Court on Thursday ordered the Koshi Province head and the Speaker of the provincial assembly, among other authorities concerned, to form the new government in the Province within seven days, terming the incumbent Uddhav Thapa-led government unconstitutional.

A full bench of the apex court comprising Justices Ishwar Prasad Khatiwada, Ananda Mohan Bhattarai and Til Prasad Shrestha issued the order, terming Speaker Baburam Gautam’s support to form the Thapa-led government unconstitutional.

The top court was responding to a writ petition filed by the main opposition CPN-UML against the process of the formation of the government in the province, terming it unconstitutional.

Thapa was appointed chief minister on July 6 and a day after that the UML moved the court. And with Thursday’s court verdict Thapa has lost his position within three weeks.

On July 7, the UML challenged the ruling alliance’s move to show the majority to form the government by including the signature of the provincial assembly Speaker Gautam.

With the order, the new government will be formed as per Article 168(2) of the constitution. As per the article, two or more parties should show their majority in the assembly to stake their claim to form the government.

If no party is able to show a majority within seven days, the government will be formed under the leadership of the largest party in the province according to Article 168 (3).

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. The CPN-UML has the highest number of seats (40) in the 93-member assembly.

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

Thapa was appointed per Article 168(2) of the constitution after laying 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.

The bench also defined the role of the Speaker, explaining that the Speaker should be impartial and neutral like a 'referee'.

Terming that the support by Gautam for the formation of the Koshi government is unconstitutional, the court said the Speaker of the provincial assembly should remain politically neutral and impartial.

Earlier this month the court had directed the Thapa-led government to refrain from taking any decision with long-term consequences until the court issues its final verdict.