Despite losing the status of the leader of the party state parliamentary party, since the Chief Minister of Bagmati Province, Bahadur Singh Lama, has not resigned, it is seen that it will be difficult to remove him constitutionally.

MP Indra Bahadur Baniyan party leader has been elected in the place of Lama in the Congress state parliamentary party election held on Wednesday. Among the 37 MPs of the Congress in the state assembly, 22 votes were cast in favor of Baniyan and 14 votes were cast in favor of Lama. One vote was void.

After losing the leader of the party, Lama said in a conversation with Kantipur that he would not resign. Even if he is not the leader of the party, it does not mean that he has to resign as the chief minister. The constitution does not even provide for a party leader to be the leader of the united government. I am currently in discussions with the coalition partner UML,' said Lama, 'I believe that UML is not in favor of introducing political instability in the province by frequently changing the government in the province.'

Article 76(2) of the constitution in the case of the union and Article 168 (2) of the constitution in the case of the province does not have a constitutional obligation to be a party leader for the leadership of the joint government. Article 168 (2) of the Constitution states that "in the absence of a clear majority of any party, the Chief Minister shall appoint the member of the Provincial Assembly who can obtain a majority with the support of two or more parties represented in the Provincial Assembly".

Even if the leader of the party does not have to resign as the chief minister, the constitution does not provide for the leader of the party to lead the joint government - Bahadur Singh Lama, Chief Minister, Bagmati Province

After the loss of the leader of the party, moral and political questions have arisen on Lama at the same time, but he is not thinking of resigning. In this case, in order to remove him immediately, UML should formally decide to withdraw from the government . In that case, after the coalition partner UML leaves the government, Lama will have to take a vote of confidence within 30 days . Since Lama, who was appointed as Chief Minister on 8 July 2081, cannot be moved for two years, that provision is not attractive to him.

According to constitutionalist Tikaram Bhattarai, the life of the government led by Lama is now in the hands of the coalition partner party . "He can be removed by a vote of confidence only if the partner party of the coalition is out of the government since he does not resign and no no-confidence motion is attracted," said Bhattarai, adding that all other options are only moral and political issues. Even though he is not the leader of the Lama Dal, constitutionally there is no problem or challenge for him till date.

Bhattarai says that since all the governments of the Union and the provinces are decided by Congress and UML at the center, it is not a mature decision to proceed with the process of changing the Chief Minister without their advice and consultation. The two parties have formed the government up to the union and the state for the stability of the government. But for a partner of the alliance to play a game of instability is also against the seven-point agreement," Bhattarai added. Since

, UML has said that it is waiting for a formal decision to be taken by the Congress. Mahesh Bertaula, the chief whip of the UML parliamentary party elected to the House of Representatives from Makwanpur, said that the institutional decision made by the Congress will be accepted.

'Contradiction within the Congress is its internal matter . It is said that these kinds of contradictions would not have occurred when they were trying to ensure good governance. But after choosing the new leader of the party, UML will take the decision according to the institutional decision of the Congress, Bertaula said, "The Congress will take the leadership for the first two years". After the Congress parliamentary party has made a decision, there is nothing that the UML will do below the institutional decision it will make. Cooperation with Congress and companionship will be based on institutional decisions. UML takes decisions based on what its institutional decision will be and not on the basis of who will be the character within the party. The cooperation with the Congress has progressed in the same way at the center.

Baniyan, who was elected as the leader of the party on Wednesday and the contender for the chief ministership, said that the process of appointing a new chief minister will be done through the constitutional process. As it is mentioned in the constitution of the party that the leader of the state parliamentary party will take the leadership of the Chief Minister, Lama said that it would be appropriate to pave the way according to political, moral and party constitution.

Baniyan says that if he does not resign, the constitutional process will proceed accordingly. "Yesterday in the capacity in which he became the Chief Minister". Today, when there is no leader of the party, it is best to pave the way in the same way . If the resignation does not come, we are consulting on how to proceed according to the constitutional process,' Banian said, 'The alternative to not resigning is that what is in the constitution will happen.'

Both Chief Minister Lama and Banian are close to Sher Bahadur Deuba. Deuba supported Lama in the parliamentary party leader election held in the second week of December 2079. At that time, Deuba was on Lama's side. Congress leader Shekhar Koirala's majority MPs also supported Lama. Parliamentarians stood near Chief Minister Gagan Thapa in favor of Baniyan. Taking advantage of the all-round criticism that the Lama-led government has introduced corruption in the budget, Banian started the game to change the Chief Minister and the party chairman Deuba supported him . Lama, who was elected the leader of the parliamentary party after losing by five votes this time, was defeated by five votes.

Lama leader Shekhar Koirala has reached the camp after trying to make Baniyan the chief minister. Koirala has also supported him. Leaders have pointed out that this will not only increase the infighting within the party, but also the danger of repeating the Koshi case if the vote of confidence is taken. A coup by Congress leader Shekhar Koirala group in Koshi led to Kedar Karki becoming the Chief Minister on 27 October 2080 against the decision of the Congress and Maoist alliance.

UML is doubtful that Koirala, who has been advocating the Congress-led government in the union, will take the same strategy as Koshi in Bagmati. According to a UML leader, there is a strategy between Deuba and Oli to force the UML to leave the government and the chief minister to take a vote of confidence within 30 days based on the institutional decision of the Congress. "During the vote of confidence, a doubt has arisen whether Lama will be supported by the Maoists, the Unified Socialists and the RP," said the leader of the UML.

There are 37 seats of Congress, 27 of UML, 21 of Maoist, 13 of RPP, 7 of CPN S, 3 of Nemkipa and 2 seats of Nepali Party in 110-member Bagmati. Adding the number of Maoists, RPP and CPN-S together with 14 of the Congress who are on the side of Lama makes 55 .