Madhesh Province CM Ordered to Seek Vote of Confidence Within 24 Hours

Janakpur. Madhesh Province Chief Minister Saroj Kumar Yadav has been ordered to seek a vote of confidence within 24 hours. The Supreme Court on Monday evening issued a writ of mandamus to Chief Minister Yadav, directing him to seek the confidence vote within 24 hours.

Yesterday's bench of Justices Hari Prasad Phuyal and Nityananda Pandey issued the mandamus order in the name of Chief Minister Yadav to make him seek a vote of confidence within 24 hours.

"As it is desirable to conclude the matter of the appointment of the Chief Minister without undue delay, the proposal to seek a vote of confidence under Article 168(4) of the Constitution of Nepal must be presented for decision in the Madhesh Provincial Assembly by Saroj Kumar Yadav, who was appointed as Chief Minister, within 24 hours from the date of receipt of this order. 

If he secures the vote, it shall proceed accordingly," the order states. "If he fails to secure it, necessary and appropriate initiative shall be taken on matters including the option of forming a government or appointing a Chief Minister under Article 168(2) of the Constitution of Nepal, as mentioned in the above clause, and action shall be taken regarding the formation of another government or the appointment of a Chief Minister."

A writ petition was filed in the Supreme Court on  Kartik 24, alleging that the appointment of Yadav, the parliamentary party leader of CPN (UML), as Chief Minister was unconstitutional. 

Arjun Sah had filed the writ demanding the annulment of the decision to appoint the Chief Minister, claiming that Province Chief Sumitra Subedi had unconstitutionally appointed the Chief Minister under Sub-article 3 of Article 168 of the Constitution, without following the process under Sub-article 2.

While the Chief Minister should have been appointed under Article 168(2) of the Constitution of Nepal, the then Province Chief Sumitra Subedi Bhandari had appointed Yadav, the parliamentary party leader of the largest party in the Madhesh Provincial Assembly, CPN (UML), as Chief Minister under Article 168(3).

Arguing that the appointment of Chief Minister Yadav was unconstitutional and demanding its annulment, 73 members of the Madhesh Provincial Assembly had filed a case in the Supreme Court.