Call for the formation of a new government with the support of two or more parties in accordance with Article 168 (2) of the Constitution
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Madhesh Province Chief Minister Saroj Kumar Yadav (Mahottari) resigned from his post on Wednesday, less than a month after his appointment. Yadav announced his resignation in a meeting of the Provincial Assembly in which the opposition party was absent.
Hearing a writ petition filed by opposition parties questioning the appointment of the Chief Minister on Monday, the Supreme Court had issued a mandate to Yadav to seek a vote of confidence within 24 hours. Chief Minister Yadav had written to the Provincial Assembly to convene a meeting on Wednesday to seek a vote of confidence, saying that he received the order from the Supreme Court only on Tuesday. He reached the Provincial Assembly Secretariat at 2 pm on Wednesday.
74 members of the 7 opposition parties walked out as soon as the Provincial Assembly meeting began. Only UML MPs and RPP's Kanchan Bichha, who became ministers in the Yadav government, and Nepal Federal Socialist Party's Bimala Ansari Tarunnam were present in the Provincial Assembly meeting.
'I will seek a vote of confidence from the MPs, not from an empty chair,' Yadav had said before resigning, 'Janmat and JSP Nepal, who became Chief Minister with the support of UML, walked out of the meeting without the courage to make eye contact.' He then announced his resignation from the post of Chief Minister. He also claimed that Yadav worked for the benefit of the people of Madhesh during his 22-day tenure.
The then provincial chief Sumitra Subedi Jhandari had appointed Yadav, the leader of the parliamentary party of the largest party, UML, as the Chief Minister on 23 Kartik as per Article 168 (3) of the Constitution. Bhandari, who had traveled from Janakpur to Kathmandu for treatment, administered the oath of office to Yadav at Panas Cottage in Kalapani, Bardibas.
Yadav became the Chief Minister after the then Chief Minister Jitendra Sonal resigned on 22 Kartik after failing to get a vote of confidence. On 22 Kartik, when Sonal was seeking a vote of confidence, two Maoist MPs, Rahabar Ansari and Mala Karna, who supported him, rebelled, while two Janmat Party MPs, Satish Kumar Singh and Tribhuvan Sah, were absent.
The then provincial chief Bhandari had been requested to call for a joint government as per Article 168 (2) of the Constitution as Sonal had resigned before the seven parties met and divided the votes. After UML's Yadav was made the Chief Minister as per Article 168 (3), the dispute reached the Supreme Court. The Supreme Court had given a mandate to the provincial chief to proceed with the government formation process as per Article 168 (2) of the Constitution as Chief Minister Yadav did not receive a vote of confidence within 24 hours.
The Supreme Court had sent the mandate simultaneously to the provincial chief's office, provincial assembly secretariat and provincial government's email at 8:37 pm on Monday night. Chief Minister Yadav, however, claimed that the mandate was not provided in the provincial government's email and that he had received a copy from the provincial assembly secretariat at 3 pm on Tuesday. He had written a letter to call a provincial assembly meeting at 2 pm on Wednesday for a vote of confidence, but the provincial assembly secretariat had called the meeting at 8:30 am on Wednesday.
Sub-rule 3 (1) of Rule 83 of the Provincial Assembly Rules of Procedure provides that the Speaker shall fix the date and time for taking the vote of confidence. The Provincial Assembly meeting convened on Wednesday morning began about two hours late due to the Chief Minister's absence. 'I grant permission to present a motion with a statement to obtain a vote of confidence from the Provincial Assembly in accordance with Article 168 (4) of the Constitution,' Deputy Speaker Babita Raut Iser had said while starting the meeting in the morning, 'However, since the proposer Chief Minister is not present in the meeting, this meeting will be adjourned until 2 pm today.'
Despite Deputy Speaker Raut and his party UML Chief Whip Hari Narayan Mahato urging Chief Minister Yadav to express his views in the meeting, he was adamant that he would not attend the meeting before then as his 'deadline' was until 2 pm. JSP Nepal Chief Whip Ram Ashish Yadav informed that the Provincial Assembly meeting was adjourned after Chief Minister Yadav insisted on taking the vote of confidence only after 2 pm.
‘The vote of confidence was not given to seven parties, why did we walk out of the meeting to enhance someone’s image,’ said Chief Whip Yadav, ‘He also insulted the Provincial Assembly by not coming to the morning meeting. Since he has shown unethical and undemocratic behavior, we did not find it relevant to be present in the parliament during the vote of confidence.’
Yadav’s resignation has been accepted by Provincial Chief Surendra Labh Karna. Provincial Chief Karna has also called for the formation of a new government with the support of two or more parties as per Article 168 (2) of the Constitution. It is not yet decided who will lead the new government in Madhesh Province. Earlier, on 25 Jestha 2081, Satish Kumar Singh of the Janmat Party was appointed Chief Minister with the support of UML, Congress and LSP. Singh, who announced his resignation through social media after the Gen-G protests of last Bhadra, resigned from the post on 29 Asoj while taking the vote of confidence.
Before Singh of Janmat, Saroj Kumar Yadav (Bara) of JSP Nepal was the Chief Minister. He became the Chief Minister with the support of Congress, UML, Janmat and LOSPA. However, after the UML-Congress coalition government was formed in the union, Congress and UML left the province. Yadav was automatically removed from office after not getting the vote of confidence. In the first term of the Madhesh Provincial Assembly, the government led by Lalbabu Raut of JSP Nepal lasted the entire term, that is, 5 years.
