Madhes CM Saroj Kuma Yadav resigns; Next government to form under Article 168 (2)

Saroj Kumar Yadav, the recently appointed Chief Minister of Madhesh Province, whose appointment had sparked controversy, resigned from the Chief Ministerial post on Monday. 

Unable to gain a vote of confidence from the assembly, CM Yadav submitted his resignation letter to the provincial head of Madhesh Province two days after the Supreme Court instructed him to seek a vote of confidence within 24 hours. 

On Tuesday, CM Yadav had called for a press meet where he announced to secure a vote of confidence on Wednesday. At noon the next day, opposition members walked out of the session while CM Yadav was addressing the assembly. 

The SC had ordered him to secure the vote within 24 hours from the provincial assembly with a condition that failure would automatically lead to removal from the post. The SC further directed that the next government be formed under Article 168 (2) of the constitution.

The Article 168 (2) states that when no single party holds a clear majority in the Provincial Assembly, the Provincial Head may appoint a member who commands majority with the support of two or more parties as the Chief Minister. 

The verdict came after a writ filed against the controversial appointment of Yadav by then provincial head Sumitra Subedi Bhandari using Article 168 (3) of the constitution. The appointment was made at a hotel in Bardibas early in the morning without any consultation with the provincial members. This led to removal of Bhandari from office on November 11, following a recommendation by the Council of Ministers.