The Speaker of Gandaki provincial assembly on Sunday declared that Chief Minister Khagaraj Adhikari secured the trust vote, triggering yet another controversy regarding the majority number in the 60-strong provincial assembly.

Amid protest from the opposition party, Speaker Krishna Prasad Dhital announced that the votes obtained by the chief minister constituted a majority based on the Supreme Court’s recent ruling.

As the Speaker tabled the motion for decision, a total of 30 members voted in favour of Chief Minister Adhikari. Then the Speaker claimed that the number was sufficient to prove the majority in the 60-member assembly.

During the floor test, 22 members from the CPN-UML, seven from the CPN (Maoist Centre) and an independent member voted in favour of Adhikari’s proposal to seek the confidence of the assembly. All 22 members of the Nepali Congress voted against the proposal while two members of the Rastriya Prajatantra Party abstained.

According to Dhital’s interpretation, 30 out of the 59 votes cast meant the majority number. His decision has run into controversy for the lack of clarity in whether the Speaker is counted as the total number of assembly members.

The Congress representatives in the assembly protested the Speaker’s announcement by waving black flags in the meeting, disrupting the session for some time.

Following the decision, the Congress members of the assembly denounced the Speaker’s announcement terming it as “unconstitutional” and “against the parliamentary practice”.

“It is sad that the Speaker, who should play a neutral role in the assembly, works against the spirit of the constitution in favour of a particular person and a party to hold power. Our party seriously objects to the decision,” said Nanda Prasad Neupane, chief whip of the assembly party of the Nepali Congress. He said the Congress would seek legal remedy against the controversial announcement, likely moving the court against the Speaker’s decision.

On April 7, UML leader Adhikari became the chief minister claiming the support of 31 members—22 from his party, eight from the Maoist Centre and an independent member. The eight from the Maoist Centre include Speaker Dhital. Support of 31 members is the minimum requirement for the majority in the 60-strong assembly.

The Nepali Congress had urged Province Head Dilliraj Bhatta not to appoint Adhikari the chief minister, arguing that the claim of the UML-Maoist alliance was unconstitutional as they included Speaker Dhital as one of the supporters to make Adhikari the chief minister. A Speaker in the legislature can’t take a side except for casting a vote in case of a tie in the assembly.

On April 9, former chief minister Surendra Raj Pandey registered the petition at the apex court arguing that Adhikari’s appointment was unconstitutional. He has demanded the court issue an order for his continuation as chief minister.

In his petition, Pandey argued that the appointment was against the constitution and established precedents, and demanded that the court stay the appointment and ensure his continuity as the chief minister.

On April 29, a division bench of justices Sapana Pradhan Malla and Saranga Subedi quashed the petition filed by Pandey of Nepali Congress seeking the court’s order to annul the appointment of Adhikari as Gandaki chief minister.

The petition was quashed as the provincial assembly was yet to test whether the chief minister commands a majority, the court said in the verdict. The court said a floor test from the assembly was the best way to resolve the matter.

On April 10, the Supreme Court ordered the Adhikari-led Gandaki Province government to refrain from taking any decisions with long-term consequences.

The order issued by the single bench of Justice Binod Sharma has prohibited the government from doing any work other than regular tasks.

The apex court asked defendants including Gandaki Province Head Dilli Raj Bhatta to furnish a written response by April 19, mentioning why the court should not issue an order as sought by the plaintiff.

Adhikari became the chief minister in Gandaki, a move that blatantly disregarded both the precedent set by the Supreme Court and the principles outlined in the Constitution of Nepal.

Province Head Dilliraj Bhatta appointed Adhikari to the position as per Article 168 (2) of the constitution after he staked a claim for the chief ministerial position claiming that he had the support of a majority of provincial assembly members including the Speaker.

Adhikari presented the support of 31 members—22 from his party, eight from the CPN (Maoist Centre) and an independent member. The eight from the Maoist Centre include Speaker Krishna Prasad Dhital. Support of 31 members is required for a minimum majority in the 60-strong provincial assembly.

On July 27 last year, the top court annulled the Uddhav Thapa-led Cabinet in Koshi concluding that the Speaker has no stake in the government formation process.