The Supreme Court on Monday issued an order directing Madhesh Province Chief Minister Saroj Kumar Yadav to table a proposal for a vote of confidence within 24 hours of receiving the verdict, in line with article 168(4) of the constitution.

Delivering its ruling on the dispute over the formation of the Madhesh government, the top court said Yadav must either obtain the assembly’s confidence or pave the way for a new government to be constituted as per Article 168(2).

“If the chief minister secures the confidence of the provincial assembly, the government shall continue accordingly. If not, procedures under article 168(2) for government formation or appointment of a chief minister must be initiated without delay,” the verdict states.

The bench stated that Yadav had been appointed under article 168(3) without adequate effort to explore options available under article 168(2), even though 73 assembly members—a clear majority—had formally demanded that the constitutional process under clause (2) be followed.

The apex court said it was necessary and appropriate to move swiftly to settle the issue of government formation, instructing the authorities concerned to take timely action to either confirm Yadav’s position or begin the process of appointing a new chief minister under the constitution.