The Supreme Court has issued an interim order restraining newly appointed Chief Minister of Madhesh Province, UML leader Saroj Kumar Yadav, and the cabinet formed on his recommendation from taking any policy decisions that will have long-term impact. A single bench of Justice Tek Prasad Dhungana issued the interim order on Tuesday, stating that the question of Chief Minister Yadav's appointment being unconstitutional has been raised.

The day after the then Chief Minister Jitendra Prasad Sonar (Sonal) resigned on Saturday, the provincial chief Sumitra Subedi Bhandari appointed Yadav, the leader of the UML parliamentary party, as the chief minister. Yadav was appointed as the chief minister as the leader of the largest party in the provincial assembly in accordance with Article 168 (3) of the constitution. The provincial chief Bhandari administered the oath of office to Chief Minister Yadav at the Panas Hotel in Bardibas, Mahottari on Monday morning.

A writ petition was filed in the Supreme Court claiming that Yadav's appointment was unconstitutional. The writ petition raised questions about the use of Article 168 (3) in the same case, which requires a member who can secure a majority with the support of two or more parties represented in the provincial assembly to submit a claim for appointment as the chief minister. ‘Since the subject matter of the writ petition is sensitive, of public importance and of a constitutional nature that requires a speedy resolution, it should be submitted for final hearing on November 11, so that no party can postpone the submission,’ the interim order said.

Province Chief Bhandari, who administered the oath to Chief Minister Yadav at the hotel, has been relieved of her post. President Ram Chandra Poudel relieved her of her post on Tuesday on the recommendation of the Council of Ministers. Province Chief Surendra Lav Karna, appointed in her place, has been sworn in.

The majority of MPs, except for the UML, also filed another writ petition in the Supreme Court on Tuesday, demanding the cancellation of Chief Minister Yadav’s appointment. The petition has reached the Supreme Court with the signatures of 64 MPs, including Congress Parliamentary Party Leader Krishna Prasad Yadav, JSP Nepal Parliamentary Party Leader Saroj Kumar Yadav, Maoist Parliamentary Party Deputy Leader Yubaraj Bhattarai, and LSP Parliamentary Party Leader Jayalun Rains. Their writ petition has been registered and the first presentation has been scheduled for Wednesday.

The 107-member Madhesh Provincial Assembly has 25 members including the UML Speaker, 22 from the Congress, 19 from the JSP, 13 from Janmat, 9 from the Maoists, 9 from the LSP, 7 from the Unified Socialist Party, 1 each from the Federal Socialist Party, the RPP and the Nagarik Unmukti Party. UML MP Dipendra Thakur, JSP MP Saroj Singh Kushwaha and LOSP MP Abhiram Sharma are suspended.

Lathi-charge during protests after taking office

Newly appointed Chief Minister Saroj Kumar Yadav had reached the Madhesh Bhavan early on Tuesday morning. Chief Minister Yadav, who was accompanied by a dozen people, expressed his dissatisfaction with the security personnel at Gate No. 2 of the Madhesh Bhavan. He had directed to tighten security arrangements saying that the police had failed to protect public property inside the Madhesh Bhavan on Monday.

‘You are the servants of the nation, the representatives of the nation, if you do not protect the nation, who will?’ He told the security personnel, ‘When there is an attack on national integrity, national flag, national sovereignty, the country’s police will be there to provide justice.’ However, we could not even take control of the person who threw the national flag yesterday. Can the police not stop a group of 15/20 people? Will they allow destruction forever?’

Then Chief Minister Yadav inspected the ministries and the offices of the provincial chief inside the Madhesh Bhavan. After learning that Yadav had gone to the Madhesh Bhavan, leaders of seven parties except the UML also headed there. When they reached, they heard that entry to the Madhesh Bhavan was prohibited. Everyone except the provincial assembly members was stopped at the gate. The MPs of the seven parties began preparations to prevent the Chief Minister from taking office inside the Madhesh Bhavan. The road was blocked in front of gate number 2 by the MPs of all seven parties. MPs, leaders/activists kept coming and going. Behind the protest site, a demonstration was being held by burning tires. The protesters shouted slogans against Chief Minister Yadav.

Chief Minister Yadav said that the appointment was made as per the constitution but that he had pressured the provincial chief to take oath. 'If other parties surround you, we will surround you too. You cannot create confusion after your appointment. You should take oath where you are.' The oath was taken at Panas Hotel. This is not strange,' said Yadav.

Chief Minister Yadav claims that his appointment was legal because the then Chief Minister Jitendra Prasad Sonal resigned due to lack of confidence. Chief Minister Yadav was busy meeting and giving interviews to journalists throughout the day. He was also instructing the employees at Madhesh Bhavan to make arrangements for taking charge. The number of people at the protest was decreasing.