KATHMANDU, July 8: A fresh legal battle has begun after the formation of a new government led by Nepali Congress (NC) in Koshi Province after the outgoing Chief Minister Hikmat Kumar Karki of CPN-UML filed a writ petition at the Supreme Court.
Karki in his writ petition has challenged the formation of new government by including the signature of Provincial Assembly Speaker to prove majority votes in favor of NC Parliamentary Party (PP) leader Uddhab Thapa in Koshi Provincial Assembly.
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Karki, who is also PP leader of UML in Koshi Provincial Assembly, lodged a writ petition on Friday, alleging that the appointment of NC PP leader Thapa as the chief minister violated the constitution.
The defendants named in the case include Chief of Koshi Province Parshuram Khapung, Office of the Chief of the Province, Chief Minister Uddhav Thapa, Office of the Chief Minister, and Council of Ministers of Koshi Province, along with Provincial Speaker Baburam Gautam.
The SC has scheduled a preliminary hearing on Sunday to review the writ. The writ petition has demanded mandamus from SC to appoint Karki as chief minister of Koshi Province.
Earlier on Friday, Chief Minister Thapa, who was appointed to the post on Thursday, took the oath of office and secrecy. Koshi Province Chief Parshuram Khapung administered the oath of office to Chief Minister Thapa as per Article 168 (2) of the Constitution.
Province Chief Khapung also administered the oath of office to the newly-appointed ministers Kamal Prasad Jabegu of CPN (Unified Socialist) and Pradip Kumar Sunuwar of NC. The new ministers have, however, not been assigned any ministerial portfolio so far.