The ministry was disbanded in Gandaki against the order of the Supreme Court
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Although the Supreme Court has ordered not to do long-term important work, the Gandaki government has split the ministries from 7 to 9. Hari Bahadur Chuman, spokesperson of the Gandaki state government and non-departmental minister, said that the cabinet meeting on Tuesday decided to split the ministry.
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According to him, the state government has decided to split the Ministry of Social Development and Health and the Ministry of Internal Affairs under the Chief Minister.
Khagraj Adhikari reduced the number of ministries from 12 to 7 when he was the Chief Minister of Gandaki Province for the first time on December 25 last year. After being appointed as the Chief Minister, he said, 'I will reduce the current expenditure to reduce the growing frustration of the people towards the state government. I will make the government smooth.'' When he became the Chief Minister for the second time, the officer broke his promise. It is understood that there is a trend of maintaining power in dividing the ministries by the Chief Minister. An MP from the ruling party said that the ministry has been split to convince the two MPs of the RPP who are out of power until the vote of confidence and if necessary give both MPs ministerial positions.
UML parliamentary party leader Adhikari Maoist and independent MP was appointed as Chief Minister last Sunday. In the 60-member state assembly, he submitted the signatures of 22 from UML, 8 from Maoists including the speaker and one independent MP to Gandaki state chief Dilliraj Bhatta.
Bhatt has appointed the Chief Minister in accordance with the provisions of Article 168 of the Constitution (2). The official has appointed Maoist Hari Bahadur Chuman and independent MP Deepak Manange as non-departmental ministers. Manange has become a minister for the fifth time.
The new coalition formed the government in Gandaki just like the Koshi government was formed nine months ago, causing constitutional and political complications. This move is also against the precedent set by the Supreme Court. On July 11, the Supreme Court dissolved the then Koshi government led by Chief Minister Uddhav Thapa in a petition filed by the leader of the UML parliamentary party of Koshi province, Hikmat Kumar Karki. In Koshi, the government was formed with the name and signature of even the Speaker, while in Gandaki, the basis of the number of party seats was taken.
Surendraraj Pandey, leader of the state parliamentary party of the Congress, reached the court on Monday saying that the UML-Maoist alliance has increased its strength against the precedent of the Supreme Court. On Monday, Pandey filed a petition in the Supreme Court against Chief Minister Bhatt saying that appointing a new Chief Minister based on the vote of the Speaker is unconstitutional. Chief Minister Adhikari has been saying that since there is no name and signature of the Speaker, it is not possible to see the government formation of Gandaki as Koshi province. Legal scholars have also been holding a different opinion on this. Some have called it contempt of court, while others have said that it is contempt of court only if the speaker is present during the vote of confidence.
As soon as the claim was submitted with the support of the Speaker, Pandey, the leader of the Congress Parliamentary Party, drew attention to the Supreme Court's precedent in writing to the state chief Bhatt. Krishna Prasad Dhital, who was elected from the Maoist party, renounced his affiliation with the party after being elected Speaker of the House and as per Article 186 of the Constitution, Dhital's vote was also counted in the appointment of the Chief Minister in violation of the clear provision that the Speaker can cast the deciding vote only if there are equal votes, Pandey has argued in the petition submitted to the Supreme Court for an interim order.
The Supreme Court issued an interim order against the newly formed government in Gandaki on Wednesday and asked not to do any long-term important work until the case is resolved. In the said order, it is mentioned that an interim order had to be issued due to the constitutional question on the appointment of Chief Minister Officer. "But as the government will not even allow a situation of vacuum to be created," the order issued by Vinod Sharma's bench said, "Apart from the regular operations of the state government, do not take any decisions of a long-term nature until the petition presented by the state government formed under the leadership of the respondent Khagraj Adhikari is decided." Additionally, the Supreme Court has also issued a show cause order in the name of Provincial Chief Bhatt, Speaker Dhital and Chief Minister Adhikari to submit a written reply within 3 o'clock on 7th Baisakh if there is any reason not to dissolve the Gandaki government as per the demand of the petitioner. The Supreme Court has also asked the officer to submit the entire file of appointment to the post of Chief Minister and related documents along with the written reply. Tuesday's cabinet meeting has appointed Krishna Adhikari as the state attorney general.
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