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 a single case where a member who can secure a majority with the support of two or more parties represented in the provincial assembly is to be appointed as the Chief Minister by calling for the appointment of 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 already taken the oath. 

The majority of MPs other than the UML also filed another writ petition in the Supreme Court on Tuesday, demanding the cancellation of Chief Minister Yadav's appointment. The petition was signed by 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 Raines. Their writs have been registered and the first submission 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 the Janmat, 9 from the Maoists, 9 from the LSP, 7 from the Unified Socialist Party, and 1 each from the Federal Socialist Party, RPP, and 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, the national flag, and national sovereignty, the country’s police are there to provide justice. However, yesterday we could not even take control of the person who threw the national flag. 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 MPs of all seven parties staged a sit-in in front of Gate No. 2, jamming the road. The MPs, leaders/activists kept coming and going. A demonstration was being held behind the place where the sit-in was taking place by burning tires. The protesters shouted slogans against Chief Minister Yadav. 

Chief Minister Yadav held a press conference at Janaki Star Hotel in Janakpurdham Sub-metropolitan City-8. In the press conference, he said that the appointment was made as per the constitution but that the provincial chief was pressured to take the oath. ‘If other parties surround you, we will surround you too, you cannot create confusion after the appointment, you can take the oath wherever you are, so the oath was taken at Panas Hotel. This is not strange,’ said Yadav. 

Chief Minister Yadav claims that his appointment was legal as 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 to make arrangements for assuming office at Madhesh Bhavan. The number of people at the demonstration was decreasing. 

Towards evening, the crowd in front of Madhesh Bhavan started increasing. Leaders and activists of the seven parties were celebrating the interim order from the Supreme Court. The enthusiasm of the activists reached its peak when Sonal, JSP Chief Whip Ram Ashish Yadav and other MPs came out from inside the Madhesh Bhavan. The MPs including Sonal were requesting to stop the noise and sloganeering. After the protesters calmed down, Sonal thanked everyone including the court.