A mockery of the movement: Chief Minister's oath-taking in a hotel

For the first time in Nepal's history, a head of government has been sworn in at a hotel. This incident has disfigured Nepal's politics.

kartik 25, 2082

Ajit Tiwari, Kamlesh Thakur

A mockery of the movement: Chief Minister's oath-taking in a hotel

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Madhesh Province Chief Sumitra Subedi Bhandari left her official residence in Janakpur in the dark on Monday morning, claiming to be ill and traveling to Kathmandu for treatment. She had informed Acting Chief Minister Jitendra Prasad Sonar (Sonal) that she was ill.

While on her way to Kathmandu, she stopped at the Panas Cottage Hotel in a secluded place in Kalapani, Bardibas, on the BP Highway. UML Provincial Parliamentary Party leader Saroj Kumar Yadav was waiting for her there. Inside the hotel, Bhandari administered the oath of office to Yadav as the Chief Minister of Madhesh. The provincial chief administered the oath of office to UML's Lakhan Das Tatma, Federal Socialist Party's Bimala Ansari, and RPP's Kanchan Bichha as ministers in the hotel. Due to which she has been dismissed as the provincial chief. This incident of the provincial chief administering the oath of office to the Chief Minister in the hotel has distorted Nepal's politics.

Provincial chief Bhandari had called acting Chief Minister Sonal at 4 am on Monday morning. Saying, "I am sick, I am going to Kathmandu for treatment," she requested Sonal to create an environment for her to leave the provincial chief's residence. The residences of the Chief Minister and the provincial chief are connected in the Madhesh Bhawan in Janakpur, which is the headquarters of Madhesh Province. Sonal reached her residence immediately after the provincial chief's call. She was ready to leave.

‘I suddenly fell ill, I am going to Kathmandu, I will be grateful to you after I return,’ according to Sonal, Bhandari said, ‘The situation is critical. Let’s not rush into forming a government. You should act as a caretaker and run the government. The government formation process will move forward after I return after treatment.’ 

‘He has been lying,’ Sonal told Kantipur, ‘He attacked the identity of federalism by going to a hotel, appointing the Chief Minister in violation of the constitution and administering the oath.’ After Satish Kumar Singh, who became the Chief Minister through a popular vote due to internal disputes in the party, Sonal became the Chief Minister with the support of parties including the Maoists, JSP Nepal and Janamat. However, his government collapsed after 25 days last Saturday. Sonal had resigned from the post of Chief Minister while speaking in the Provincial Assembly after it appeared that he would not get a vote of confidence. Before the division of votes, Sonal was in a minority after two Maoist MPs, Rahbar Ansari and Mala Karna, rebelled and said they would remain neutral.

After that, there was a political vacuum in Madhesh Province. Disputes were growing between the parties over the formation of the government. The parties that supported Sonal were in favor of calling for the formation of the government again as per Article 168(2) of the Constitution. Earlier, the Congress, which was in collaboration with the UML, also stood in the same camp. On Sunday evening, the Congress, JSP Nepal, LSP, Maoists, Unified Socialists, Janmat and Citizens' Liberation Front MPs jointly met the Province Chief Bhandari and made such a request. The UML, on the other hand, had increased pressure on the Province Chief to appoint the largest party in the parliament as the Chief Minister as per Article 168(3) since the use of Article 168(2) of the Constitution had failed.

Both parties staged a sit-in in front of the Province Chief's residence. In the meantime, Bhandari came out claiming that she was ill and appointed UML leader Yadav as the Chief Minister of Madhesh Province as per Article 168(3) of the Constitution and administered the oath. Before leaving the residence, Bhandari had appointed UML parliamentary party leader Yadav as the Chief Minister. However, as leaders and activists of seven parties, including the Nepali Congress, were protesting and protesting in front of the provincial chief's residence, Yadav was unable to take the appointment and take the oath, so she left in the dark.

Even before Bhandari left for Kathmandu for treatment, the provincial chief's office had appointed Yadav, the leader of the UML parliamentary party, as the Chief Minister in accordance with Article 168(3) of the Constitution of Nepal, as the largest party, and had prepared the oath-taking letter.

Provincial chief Bhandari was under pressure from both the seven parties and the UML. Since the leaders and activists of the party supporting Sonal resigned before facing the vote of confidence in the provincial assembly, they increased the pressure to call for the formation of another government of two or more parties in accordance with Article 168(2) of the Constitution. The UML had put pressure on the provincial chief to appoint its party leader Yadav as the Chief Minister in accordance with Article 168(3) of the Constitution.

It is alleged that Province Chief Bhandari, taking party favors, had UML leader Yadav sworn in at Panas Cottage in Bardibas, Mahottari on Monday morning. After administering the oath, she walked straight to Kathmandu. Province Chief Bhandari's personal secretary Tikaram Upreti said that the newly appointed Chief Minister Yadav had to be taken out as there was no atmosphere to take the oath at the Province Chief's office. 'There was a sit-in in front of the residence and office. The Province Chief, after considering all constitutional aspects and taking legal advice, appointed UML parliamentary party leader Yadav as the Chief Minister as the largest party in accordance with Clause 3,' Upreti said. 

According to Upreti, the Province Chief had to go to Kathmandu for treatment after developing asthma and a cold at night and high cholesterol. 'The oath-taking did not take long, so it was done at a place along the way,' Upreti said.

According to a Mahottari police official, newly appointed Chief Minister Yadav had suggested Bhandari to hold the oath-taking ceremony at Panas Cottage, a secluded place in Kalapani, Bardibas, on the BP Highway. ‘Around 4:30 pm, some UML supporters had to go and open a hotel for a while. They had arrived saying that the provincial chief and the chief minister were coming,’ said the Mahottari police official. ‘Around 5:15 pm, Bhandari and Yadav reached Panas Cottage along with Lavalaskar.’ And then the oath-taking ceremony took place.

After the provincial formation, JSP Chief Minister Lalbabu Raut ruled the Madhesh Province for the first time for 5 years. In the second term of the provincial assembly, JSP’s Saroj Kumar Yadav (Bara) initially ruled the government in Madhesh Province for about 13 months, and after the coalition parties Janmat, UML, and Maoists left, Janmat Party MP Satish Kumar Singh became the Chief Minister. After Singh resigned as Chief Minister during the Gen-G movement, the power struggle in Madhesh Province intensified. The equation of Madhesh Province became more volatile after the Janmat Party tried to topple its own government. 

Although Janmat was ready to form another government with UML and Congress, Janmat left UML-Congress at the last minute when LOSPA MP Sonal had to be made the Chief Minister. Sonal was appointed Chief Minister with the support of 56 MPs from LOSPA, JSP, Janmat, Maoist, CPN (S) and Nagarik Unmukti. It was doubtful whether Sonal would get the vote of confidence or not. On the day of the vote of confidence, former Chief Ministers Satish Kumar Singh and Tribhuvan Sah, who had separated from Janmat, were absent. Two Maoist MPs declared that they would not give the vote of confidence and rebelled. Seeing that they did not have the majority for the vote of confidence, Sonal resigned. 

Sonal also became a victim of internal strife between Janmat and Maoists. After his party Janmat tried to remove Singh from the post of Chief Minister, he rebelled within the party. Singh and Sah, who chose Janaswaraj, were absent from giving the vote of confidence to Sonal because of the Janmat Party. Just two days before Sonal took the vote of confidence, the Maoists were also angry when Bharat Prasad Sah, who had been removed earlier for character flaws, was made the leader of the parliamentary party again by the Maoists. 

Even though Sonal resigned from the post of Chief Minister, he was trying to form a government again by gaining a majority under his own leadership. After the discussion led by him, the Congress also left the UML and came in favor of Sonal.

There are 107 MPs in Madhesh Province. The majority number of MPs to form a government is 54. UML has 25 including the Speaker, Congress 22, JSP 19, Janmat 13, Maoists 9, LSP 9, CPN (S) 7, Federal Samajwadi Party, RPP and Nagarik Unmukti Party have 1 MP each. Among them, UML MP Deepend Thakur, JSP MP Saroj Singh Kushwaha, and LSP MP Abhiram Sharma are suspended. The current number of members in the Madhesh Provincial Assembly is 104.

After the Congress came in support, 74 MPs were seen in Sonal's favor. Seven parties - Congress, JSP, Janmat, Maoist, LSP, Unified Socialist Party and Nagarik Unmukti Party - had demanded the formation of a new government as per Article 168 (2) of the Constitution. The provincial chief had assured that he was in legal consultation with the seven parties including Congress. However, she secretly appointed UML leader Yadav as the Chief Minister as per Article 168 (3) of the Constitution and administered the oath.

After Bhandari appointed UML parliamentary party leader Saroj Yadav as the Chief Minister, the Madhesh Bhavan became tense since Monday morning. Leaders, workers and MPs were arriving in droves. Entrance number two of the Madhesh Bhavan was closed. There was a heavy presence of Nepal Police/Armed Police outside and inside. The vehicle carrying Loktantrik Samajwadi Party (LSP) MP Rupa Yadav was stopped by security personnel, citing orders from above. The security personnel were saying that they would allow the Provincial Assembly members to pass but would not allow vehicles and other people to enter. There was also an altercation between Rupa Yadav and the leaders supporting her and the security personnel. While the altercation was going on with the security personnel, Rupa and those supporting her pushed and punched the security personnel. However, the security personnel did not resist. The group entered the Madhesh Bhavan using force. The vehicles were parked at the gate. After that, other groups also entered easily.

The leaders of the seven parties were gathering at the Chief Minister's residence at Madhesh Bhavan. The upcoming strategy was being discussed there. At 9 am, the leaders of all the seven parties sat in discussion. While the discussion was going on, they received news that the newly appointed Chief Minister Saroj Kumar Yadav was coming to take charge at Madhesh Bhavan. Leaving the discussion, the leaders and supporters reached both the gates. Outside the gate of Madhesh Bhavan, the leaders and activists supporting the seven parties were demonstrating by burning tires.

The crowd that reached the Chief Minister and Council of Ministers Office in the covered hall of Madhesh Bhavan vandalized and forced the employees to leave. At that time, there were only three employees in the office. One employee was looking for a lock, while another employee was moving some belongings to protect the record file. The same employee was beaten up by LOSPA leader and former MP Parmeshwar Sah. Other people also beat up the employee. Congress Provincial Assembly member Birendra Singh was vandalizing. He had smashed some belongings, including the national flag. 

LOSPA MP Upendra Mahato was stopping others from vandalizing. Mahato had also picked up the flag that MP Singh had brought down at that time. Later, after the video went viral on social media, MP Singh apologized and made public a video of him respectfully placing the flag. There, the employees locked the locks while doing general vandalism in other ministries in Madhesh Bhavan. Then a demonstration took place in front of the provincial chief's office. The 'name plate' of the provincial chief was broken and slogans were raised. MPs were also present in the demonstration. JSP MP Lalita Das smashed the flower pots and urns kept in front of the provincial chief's office at the door. Other protesters were shouting slogans against the provincial chief. The Nepali Army was also stationed inside the office.

Leaders of seven parties were calling MPs to Madhesh Bhavan and collecting signatures. The crowd calmed down after the leaders decided to take legal action against the appointment of the Chief Minister. Leaders and activists of seven parties have been in Madhesh Bhavan since Monday morning. In the evening, people were thinned out inside Madhesh Bhavan. The Socialist Youth Association near Jaspa has demonstrated by burning tires at Janak Chowk in Janakpur. They also shouted slogans against the provincial chief and the newly appointed Chief Minister.

UML Deputy General Secretary Gyawali says – ‘Oath outside the office is a technical matter’ 

UML Deputy General Secretary Pradeep Gyawali has said that UML leader Saroj Yadav was appointed as the Chief Minister in Madhesh, relying on the constitution, as the largest party. ‘The appointment of the Chief Minister is not unconstitutional. "Our party's parliamentary party leader Saroj Yadav was appointed based on the constitution," he said. "Despite being the largest party, UML supported JSP and public opinion to make him the Chief Minister. The provincial chief appointed the leader of the largest party as the Chief Minister after no party could get a majority." He said that the appointment of the provincial chief outside his office was technical. "No matter who he appoints, the provincial chief will work based on the constitution, and that is what he has done," he added. "It is wrong to say that the UML influenced the provincial chief to appoint the Chief Minister of Madhesh."

Ajit

Kamlesh

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