The appointment of Chief Minister Uddhav Thapa for the Koshi government has been quashed by the order of Supreme Court.
On July 27, the joint bench of Supreme Court justices, namely Ishwar Prasad Khatiwada, Dr. Anand Mohan Bhattarai, and Til Prasad Shrestha, rendered a verdict dismissed the appointment of Thapa as Chief Minister for the Koshi government. The Court, having considered the endorsement of the Speaker, ordered Thapa’s removal from his position.
On July 6, 2022, Uddhav Thapa, the leader of the Congress Parliamentary Party, put forth his candidacy for the Chief Minister position and presented the support of Speaker Baburam Gautam.
Thapa was appointed as the Chief Minister by the provincial chief, Parshuram Khapung, on the grounds of this support.
Hikmat Kumar Karki, the leader of the CPN-UML parliamentary party, filed a petition in the Supreme Court saying that the formation of the government with the support of the Speaker, who is in a neutral role, is unconstitutional.
According to Article 168 (3) of the Constitution, Karki had requested a mandate to appoint himself as the Chief Minister as the leader of the parliamentary party of the largest party in the state assembly.
The Supreme Court has issued an order, instructing the Speaker not to withhold support from any individual by citing the reason of government formation.
The Supreme Court has dismissed the appointment of Chief Minister Thapa, asserting that the Speaker lacks the authority to withhold support, as it is not in accordance with the Constitution.
Furthermore, the Supreme Court has issued an order to form a new government, directing the initiation of the Chief Minister appointment process by August 2, 2023.