Updated: Nov 18
In a seminal judgement, Supreme Court of Nepal issued, a mandamus in the name of the Office of President to appoint Sher Bahadur Deuba as new prime minister of the country by July 13 Given this development, Nepali Congress (NC) President Sher Bahadur Deuba led an alliance which took office comprising NC, CPN (Maoist Center), CPN-UML Madhav Kumar Nepal- Jhalanath Khanal faction, Janata Samajwadi Party's Upendra Yadav faction and the Rastriya Janamorcha.
Prime Minister Sher Bahadur won a trust vote in the House of Representatives. Deuba secured 165 votes in his favour while 83 votes were cast against him.
Prime Minister Sher Bahadur Deuba finally expanded the cabinet in the month of October after President Bidya Devi Bhandari scrapped the ordinance introduced to bring amendments in the Political Parties Act 2073 BS at the recommendations of the government on September 27.
The amended provision had paved the way for a leader of any political party to split if either 20 percent central working commttee members or the parliamentary committee members were amenable to the same.
Former prime minister and CPN-UML Chairman KP Sharma Oli expressed his objection to the scrapping of the party-split ordinance even when a parliament meeting is ongoing.
Oli has filed two writ petitions at the Supreme Court challenging the registration of Madhav Kumar Nepal-led CPN(Unified Socialist).
The curious case of the Deuba government having first issuing and Ordinance which provided a provision of split in the parties and then recalling the same may face legal challenges in the Supreme Court especially after challenge by the CPN UML which faced a split.
Two new political parties emerged after the first Ordinance in August, the CPN (Unified Socialist) formed after splitting from the CPN-UML, while the Democratic Socialist Party formed after its split with the Janata Samajwadi Party (JSP). Both parties joined the government leading to a degree of stability however constitutional validity of the move is questionable which may lead to a degree of concern over continuity of the Deuba government in power which otherwise is expected to complete a term till the next elections due in 2023.