KATHMANDU, June 26: The Supreme Court (SC) has dismissed the writ petition filed by former chief minister (CM) Kedar Karki of Koshi Province, stating that he could not secure a vote of confidence in the province assembly.
The SC said that the basis for dismissing the writ petition filed by Karki against Koshi province government formation is that when the parties and province assembly members who had supported the government withdrew their support, Karki did not follow the constitution by not seeking a vote of confidence from the provincial assembly.
Govinda Ghimire, information officer of SC, referring to the essence of the decision by three justices said that former CM Karki did not seek a trust vote against the provision to do so within 30 days of being appointed.
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Ghimire said, “Chief Minister Karki did not take a vote of confidence as per Article 188-2 of the Constitution even after the parties and members of the province assembly supporting his government formed as per Article 168-5 of the Constitution withdrew their support. The apex court decided to dismiss the petition as the province chief had called for the formation of a new government after former CM Karki failed to seek a trust vote, after which, a new government was formed which could secure the vote of confidence.”
According to him, the full text of the decision will be ready within a few days.
A full bench of Justices Kumar Regmi, Nahkul Subedi and Abdul Aziz Musalman decided to dismiss the writ petition filed by former CM Karki on Tuesday.