PRAGUE (AP) — Thousands of Czechs are rallying in the capital of Prague to protest acting Prime Minister Andrej Babis because he is under investigation for fraud and still plans to create a government supported by the maverick Communist Party.

Tuesday's rally at downtown Wenceslas Square takes place a day before President Milos Zeman is scheduled to again appoint Babis as prime minister. The centrist ANO (YES) movement led by Babis won a parliamentary election in October but his minority government lost a confidence vote in January and had to resign.

Babis is set to form a government with the Social Democrats that would govern with support from the Communists. The protesters are condemning Babis' plan and have called for his resignation.

His position is also complicated by reports he collaborated with the former communist-era secret police.