National
Top court bars Gandaki government from taking decisions with long-term consequences
The order issued by Justice Binod Sharma applies until a final verdict is passed.Post Report
The Supreme Court on Wednesday ordered the Khagaraj Adhikari-led Gandaki Province government to refrain from taking any decisions with long-term consequences.
The order issued by the single bench of Justice Binod Sharma has prohibited the government from doing any work other than regular tasks. The order applies until the court issues its final verdict in the writ petition filed challenging the government formation earlier this week.
The apex court has asked defendants including Gandaki Province Head Dilli Raj Bhatta to furnish a written response by April 19, mentioning why the court should not issue an order as sought by the plaintiff.
The bench prioritised the writ petition and scheduled it for the next hearing on April 22.
On Tuesday, former chief minister Surendra Raj Pandey registered the petition arguing that Adhikari’s appointment was unconstitutional. He has demanded the court 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.
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 claiming that he had 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 the UML-Maoist alliance was unconstitutional as they included Speaker Dhital as one of the supporters to make Adhikari as chief minister. A Speaker in the legislature can’t take a side except for casting a vote in case of a tie in the assembly.
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.