The Supreme Court on Monday quashed a writ petition filed challenging the appointment of Khagaraj Adhikari as Gandaki Chief Minister.

A division bench of justices Sapana Pradhan Malla and Saranga Subedi quashed the petition filed by former Chief Minister Surendraraj Pandey of Nepali Congress seeking the court’s order to annul the appointment of Adhikari as Gandaki chief minister.

The petition has been quashed as the provincial assembly is yet to test whether the chief minister commands a majority, the court said in the verdict. The court said a floor test from the assembly was the best way to resolve the matter.

The verdict clears the way for the chief minister to expand the Cabinet and go for the floor test as per the constitutional provision that makes it mandatory for a chief minister to get a trust vote within 30 days of the appointment.

On April 7, Adhikari became the chief minister in Gandaki after he 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 Nepali Congress had urged Province Head Dilliraj 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.