KATHMANDU, Nov 10: Seven political parties in Madhesh Province have decided to file a writ petition at the Supreme Court (SC), calling the dramatic appointment of the Chief Minister unconstitutional.
The decision comes amid escalating political tension after Province Chief Sumitra Devi Bhandari appointed Saroj Kumar Yadav, parliamentary leader of the CPN-UML, as Chief Minister under Article 168(3) of the Constitution — a move that rival parties have described as a ‘blatant disregard’ for the constitutional process.
According to Nepali Congress (NC) Madhesh Province President and parliamentary party leader Krishna Prasad Yadav, the seven-party alliance — comprising the Nepali Congress (NC), CPN (Maoist Centre), CPN (Unified Socialist), Loktantrik Samajwadi Party (LSP), Janamat Party, JSP and Nagarik Unmukti Party — is preparing to approach the court with the signatures of 74 provincial assembly members, a clear majority in the 107-member assembly.
The controversy deepened after reports surfaced that the appointment of the new Chief Minister took place not in the official provincial headquarters, but in a hotel room in a resort located in a forest area on the border of Mahottari and Sindhuli districts raising further questions about the transparency and propriety of the process. While some local media outlets suggested that the hurried swearing-in was conducted under pressure, the Office of the Province Chief has not issued a detailed clarification.
The seven parties argue that, under Article 168(2) of the Constitution, the Province Chief should have invited the coalition commanding a majority to form the government before moving to Article 168(3), which applies only when no such majority exists. They allege that the Province Chief’s decision ‘ignored democratic norms’ and ‘violated the spirit of the Constitution’.
Former Chief Minister Jitendra Sonal had resigned last week without seeking a vote of confidence, prompting coalition negotiations among the opposition parties. However, before the coalition could officially present its claim, the Province Chief had already appointed UML’s Saroj Kumar Yadav as CM early Monday morning.