The Supreme Court on Friday issued an interim order against Monday’s government decision to increase the number of local units in Tarai districts, saying the move is against the Local Level Election Act 2017.

A division bench of Justices Ishwor Khatiwada and Sapana Pradhan Malla issued the order in response to a writ filed by petitioners including Dhan Bahadur Shrestha.

The government on Monday decided to add 22 local units in 12 Tarai districts, elevate 24 village councils as municipalities and make Birgunj and Biratnagar metropolises in a bid to bring the agitating Madhes-based parties on board the elections process.

As per Clause 4 of the Local Level Election Act 2017, the number and boundaries of local units cannot be revised after the announcement of the election date, the bench observed. “The government decision of May 22 to increase the number of local units and revise their boundaries is not in accordance to law. So an interim order has been issued in the name of the defendant not to execute the decision until the case is finalised,” the bench said.

The Office of the Prime Minister and Council of Minister has been named the defendant.

The second phase of local level elections is scheduled for June 14.

Hours before the Supreme Court ruling, the agitating parties on Friday announced fresh protests, saying they will not participate in the second round of elections.

The court ruling has invited mixed reactions.

Advocate Deependra Jha claimed that the apex court interim order is contradictory.

“If the decision of the Local Level Reconstruction Commission (LLRC) has to be taken into account, the number of local units across the country should have been 719, not 744,” argued Jha, citing the LLRC’s final report which had recommended 719 local units.

Twenty-five units were added later.

Advocate Tika Ram Bhattarai, on the other hand, said there was nothing wrong when the number of local units was taken to 744 because while submitting the report, the LLRC had set 744 as the maximum number of local units that could be carved out.

“The ruling also makes it clear that the government  does not have the authority to tweak the commission’s report, ” said Bhattarai.

The government on Monday had decided to revise the number of local units in Tarai districts as per the recommendation by a task-force led by Deputy Prime Minister and Minister for Federal Affairs and Local Development Bijay Kumar Gachhadar.

The RJP-N, a unified force of six Madhes-based parties, however, has termed the government decision to add 22 local units too little too late. The agitating parties have been demanding number of local units on the basis of population.