A dispute has escalated between the chairperson and vice-chairperson of Gramthan Rural Municipality in Morang. Vice-Chairperson Gunawati Devi Tharu had filed a case in court, alleging that Chairperson Namo Narayan Majhi made unilateral decisions without fulfilling the quorum requirement.
In the by-election held on Mangsir 16, 2081, Majhi from the CPN (Maoist Centre) was elected as the chairperson, while Tharu from the CPN-UML was elected as the vice-chairperson.
Along with Vice-Chairperson Tharu, eight other representatives went to court against Chairperson Majhi’s decision. The High Court Biratnagar has issued an interim order to prevent the implementation of the executive committee’s decisions.
A joint bench of Judges Rajyalakshmi Bajracharya and Rajendra Adhikari issued the order on Monday, prohibiting the implementation of decisions made in the executive committee meeting.
On Magh 30, 2081, Chairperson Majhi had made several decisions through the executive meeting, including conducting an institutional self-assessment, implementing a multi-sectoral nutrition program, announcing a new tender for the Lohandra River, and restructuring the education committee.
Earlier, four companies had submitted bids for the Lohandra River contract. The highest bidder did not respond when called by the municipality for the contract, and neither did the second and third highest bidders.
The municipality decided to blacklist the three contractor companies that failed to sign the agreement. Since the fourth bidder had quoted a lower amount, raising concerns of possible collusion, the municipality canceled the contract and decided to call for a new tender.
The Lohandra River contract was awarded to Jai Maa Kali Nirman Sewa, Katahari. However, when the municipality summoned the contractor, they did not respond. Similarly, DNS Brothers Construction and Suppliers, the second bidder, also failed to appear. The third bidder, NP Nirman Sewa, Sundarharaincha-4, also did not respond. As a result, the municipality decided to confiscate the deposit of all three companies and recommend them for blacklisting.
The Gramthan Rural Municipality has a 15-member executive committee. A meeting called on Magh 29, 2081 was postponed due to a lack of quorum. However, the next day, a meeting was held with the attendance of more than one-fourth (5 members) of the committee.
On Fagun 4, 2081, Vice-Chairperson Gunawati Devi Tharu and eight other executive members filed a writ petition at the High Court Biratnagar, requesting the suspension of the decisions made in the meeting attended by only one-fourth of the members.
During the hearing on Fagun 5, 2081, Judge Rajendra Adhikari issued a show cause order against Chairperson Majhi. However, on Monday, the court issued an order preventing the implementation of the decisions.
The court order stated, “According to Rule 42 of the High Court Rules, 2073, an interim order has been issued against the respondents, considering that the executive members, including the petitioner, were notified only on Magh 27, 2081 for the executive meeting scheduled for Magh 29, 2081, whereas notice should have been given at least three days in advance regarding the agenda, date, time, and venue of the meeting.”
