Even while in police custody, Lamichhane used to wear the parliament logo, and was also receiving salary and facilities from the parliament.
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After the indictment was filed against Ravi Lamichhane, the president of RSVP, the post of MP will be automatically suspended. After Lamichhane was suspended as an MP, the RSVP parliamentary party will also have to elect a new leader. A new question has also been created whether a person who is unfit to fulfill his role as a member of the House of Representatives can continue to be the chairman of a political party.
The police have sent the information letter to the Speaker Devraj Ghimire that the chargesheet has been registered in the Kaski District Court against Lamichhane for cooperative fraud, organized crime and money laundering. The police has sent a letter to the Speaker regarding Lamichhane, citing Section 27 of the Prevention of Money Laundering Act. In Section 27 of the Act, it is stated, 'If any officer or employee of an organized organization established in accordance with prevailing laws or any national servant is in detention under this Act, such employee, official or national servant shall be considered automatically suspended for the entire period of such detention and if a case is filed against him in accordance with Section 22, until the case is settled. .'
The suspension process will be formalized as soon as the Speaker instructs the notice to be posted on the notice board of the Parliament. Rule 248 of the Rules of the House of Representatives stipulates that in the event that the meeting is not in session, the speaker should place the table in the table of the secretariat. Parliament is not in session now. Rule 248 (3) provides that a person who is suspended after impeachment shall not be able to perform any duties or receive any rights or immunities as a Member of Parliament. Wages, services and facilities will also be suspended during the period of suspension. Even while in police custody, Lamichhane used to wear the parliament logo and was also receiving salary and facilities from the parliament.
Federal Parliament Secretariat spokesperson Ekram Giri informed that the Kaski police letter regarding the registration of charge sheet was received late on Sunday. The letter was received by email after office hours on Sunday. Now there will be necessary instructions from the speaker according to the law," he said.
Police arrested Lamichhane on November 2 and investigated him for cooperative fraud, organized crime and money laundering. Based on the police investigation report, the District Public Prosecutor's Office filed a charge sheet against Lamichhane in the District Court Kaski on Sunday. With the indictment registered against the Chairman Lamichhane, the question of ethics has been raised against the RSVP. Due to the corruption of the old political parties and the fact that a new political party was established to challenge them, the question of ethics on the RSVP has become intense.
There is a provision in the Political Party Act that a person accused like Lamichhane will be disqualified from becoming a member of a political party if he is found guilty by the court. In sub-section 2 (b) of section 14 of the said act, only persons who have not been sentenced to imprisonment for corruption, extortion, human trafficking and trafficking, drug sale and export or smuggling, money laundering, kidnapping or other criminal offenses showing moral turpitude are members of political parties. There is an arrangement to be made.
There is no provision in the Political Party Act that even if the accused person cannot work as an MP, he cannot be the head of a political party that has MPs. An official of the Election Commission said that even though there is a provision to suspend the post of MP in case of indictment, nothing can be done in the case of the party chairman because there is no clear legal provision. There is a legal provision that a person convicted by the court of money laundering cannot be a party member. Here, a person who has been tried for corruption can become a candidate in the election, but if he wins, there is a legal provision that he cannot work in that position," said the official.
Gauri Bahadur Karki, the former president of the special court, said that even though there was no legal question about Lamichhane's chairmanship, moral questions were raised about the party. He said that after the indictment is filed in the court, the MPs will be suspended, but the question of ethics will arise as the MPs will be guided by the suspended MPs and the Speaker. The RSWP should consider this matter. Whether or not Lamichhane is remanded in custody, the charges will remain until the case is resolved. It is in the interest of Lamichhane and RSVP not to hold the position of the party president with charges,'' Karki said. So it is better to leave the post.'
He says that when the president of the formed party is accused of operating in a different way from the old party, it will not send a good message to the people. "Putting an accused person in the leadership does not send a good message, it is better for the party to separate until they are acquitted," suggests Karki.
The audio of the then MP Dhakakumar Shrestha saying that the 'core team' of Speaker Lamichhane asked him to pay 2.5 crores to become a minister was released in the last week of Chait 2079. After Shrestha's audio with controversial medical professional Durga Prasain came out, Lamichhane took immediate action. He made a public statement saying that RSVP is not like the old party, it is the party that the Nepali people have hoped for and if he has made a mistake, he should be expelled from the party. Our words and actions are always the same when it comes to corruption. It doesn't matter who does it. As soon as the audio was released, I gave an ultimatum to the party line to investigate and take action within 72 hours. The corruption scandals of this country may have been entangled for 72 years, I don't mind, but it will be resolved when the question is raised within our party,' Lamichhane said in a program organized in Bara, 'Until this investigation is done within 72 hours, our MP Dhakakumar Shrestha, as an MP or as an ordinary member, will not be allowed anywhere. We will not send. No action will be taken and it's been two hours since I gave the 72 hour ultimatum There are 70 hours left, if I can't take action by publishing the truth in 70 hours, please sacrifice me in this fortress.' Now, Lamichhane is running the party from police custody. After the indictment on cooperative fraud, organized crime and money laundering was registered in the court, the question has been raised whether he will continue to fight the case as the leader of the party or resign and hand over the party to another leader. A leader of RSVP said, "Now the discussion will go on about who will run the party." We may have to wait for the order after the closed debate, but the party's leadership will be discussed.
