A bench of Justices Teknarayan Kunwar and Jagdish Ghimire issued the order on Wednesday after it was observed that the village chiefs were exercising the powers of the deputy chiefs.
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The Janakpur High Court has issued a mandate to implement the deputy mayor's authority regarding budget preparation and budget submission.
The bench of Justices Teknarayan Kunwar and Jagdish Ghimire issued the order on Wednesday after it was observed that the village heads themselves were using the authority of the deputy chiefs.
In the order, the court stated that the village heads were acting without jurisdiction over the issue of the village heads trying to formulate the budget by taking the authority of the deputy chiefs themselves and submitting it to the village assembly, and asked not to interfere with the authority of the deputy chiefs as per the law.
Without the village head informing her, Sarita Kumari, the deputy chief of the Basabariya Rural Municipality, had filed a writ petition against the attempt to formulate the budget by interfering with the authority of the deputy chiefs and submitting it to the village assembly.
Section 13 of the Local Government Operation Act 2074 BS stipulates the functions, duties and powers of the deputy chiefs, while Section 65 stipulates the legal provision for a planning and budget preparation committee under the coordination of the deputy chiefs of any municipality.
The court has ordered that the deputy chief be made mandatory part of the budget preparation process in the coming days as it appears that the budget preparation process has been initiated in the village assembly in violation of Section 67 of the budget law.
