A writ petition was filed in the Supreme Court on Sunday challenging the formation of the government in Sudurpaschim Province. This follows a similar development in Gandaki Province.

Laxman Kishore Chaudhary, leader of the Nagarik Unmukti Party, has demanded the nullification of the incumbent government in the province. He has claimed that Najir Miya, the province head, flouted the Constitution of Nepal in appointing Dirgha Sodari as the chief minister.

After the resignation by Nepali Congress’ Kamal Bahadur Shah from the post of chief minister, Miya called the parties to present their claims to form a coalition government.

In the 53-member Sudurpaschim assembly, the Congress has 19 members, the CPN (Maoist Centre) has 10, the CPN-UML 9, the Nagarik Unmukti Party 7, the CPN (Unified Socialist) has three, and the Rastriya Prajatantra Party has one, while there is one independent lawmaker. Any party claiming the government leadership must secure the support of at least 27 assembly members to prove a majority.

On April 14, Laxman Kishor, who is regarded as close to the party’s influential leader Resham Chaudhary, had presented a claim for the government with the support of the Congress, the Unified Socialist and Rastriya Prajatantra Party. Similarly, Kailash Chaudhary, who is close to party chair Ranjeeta Shrestha, also claimed the government leadership with the support from the UML and the Maoist Centre.

Province Head Miya did not take any decision arguing that two lawmakers from the same party claimed the chief ministerial position. So he gave parties two more days to come up with fresh claims. In between, the Unified Socialist withdrew its support to Laxman Kishor, one of the two aspirants for chief minister.

On April 17, Sodari of the CPN (Unified Socialist) presented a claim to form a government with support from the UML, the Maoist Centre and a section of the Nagarik Unmukti Party.

Laxman Kishor has claimed that the Province Head had mala fide intent in extending the deadline, even as he already had the support of the majority members of the assembly. The hearing of the petition has been slated for Monday.

This is the second petition challenging the process of forming a government in provinces this month. Earlier this month, the Supreme Court, acting on a petition, stopped the Gandaki government from taking decisions with lasting implications.

On April 10, the top court directed the Khagaraj Adhikari-led Gandaki Province government to refrain from taking any such decisions until the final verdict.

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

A single bench of Justice Binod Sharma had issued the stay order responding to a writ petition by former chief minister Surendra Raj Pandey who had claimed that Adhikari’s appointment was unconstitutional.

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. Adhikari however included the Speaker in the list of supporters.

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.

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

On July 27 last year, the top court, setting a precedent, annulled the Uddhav Thapa-led Nepali Congress government in Koshi concluding that the Speaker cannot be a part of the government formation process.

Following the court ruling, Adhikari has been unable to take a vote of trust from the provincial assembly. The Congress has announced a boycott of the assembly meeting called before the court verdict.