Action has been taken against General Secretaries Thapa, Sharma and Joint General Secretary Farmulla Mansur, who are not even ordinary members. However, according to the statute, no one has been given a chance to clarify their position before taking action.
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The Deuba-led central committee of the Nepali Congress has taken action against General Secretaries Gagan Kumar Thapa and Bishwaprakash Sharma without completing the process of the party's statute.
The meeting held in Sanepa on Wednesday took action against General Secretaries Thapa, Sharma and Joint General Secretary Farmulla Mansur, who were not even ordinary members. However, no one was given a chance to explain themselves as per the statute before taking action. Speaking at the special general convention hall, Thapa said that even a simple explanation was not asked for while taking action. He challenged the action taken against him, saying that the Congress is not anyone's 'private company'.
The party has stated that disciplinary action has been taken as per Article 34(1) of the statute. Article 34 contains provisions related to discipline. The section mentions what is considered a violation of discipline in six points (a) to (f).
It states that any act that is against the party's ideals, principles and policies, acts that are against the party's statute, regulations, and code of conduct, is considered a violation of discipline.
Similarly, it is said that if a candidate is a candidate against a party candidate or a candidate supported by the party, or if he is a proposer or supporter of such a candidate, or if he directly or indirectly opposes or does not cooperate with a party candidate during the election, it is considered a violation of discipline.
Similarly, if he directly or indirectly harms the party, if he directly or indirectly harms anyone's character, violates personal or social dignity, hurts honor or spreads resentment, or if he does any activity, behavior, conduct or expression that is contrary to communal harmony, it is considered a violation of discipline.
After the party meeting, the head of the publicity department, Min Bishwakarma, informed that action has been taken according to Section 34. The procedure before taking action against someone is written in Section 34(8). There, it is written about investigating, seeking clarification, reminding after looking into the offense, warning, suspending or expelling.
Article 34(8) (d) states that no one shall be deprived of the opportunity to defend themselves while taking action. The party, which has taken action against the general secretaries as per Article 34(8) (e), has ignored point (d) above. (e) states that suspension can be done for a maximum of one year and expulsion for a maximum of five years.
Announcing the party decision, Bishwakarma said that action has been taken against the general secretaries and joint general secretaries as per Article 34(8) (e) of the statute. Party Publicity Department Chief Min Bishwakarma said that immediate disciplinary action has been taken. Bishwakarma said that action has been taken as information has been received through various channels that General Secretaries Thapa, Sharma and Joint General Secretary Mansur have violated discipline against Article 34(1) of the statute and it has also been confirmed by the media.
The action has been taken by the Central Committee and not through the Disciplinary Committee. Section 22 of the statute mentions the functions, duties and powers of the Central Working Committee. Bishwakarma informed that the Central Committee has taken the decision to take action based on Sub-section 20 of Section 22. Section 22(20) states that if the party is found to be involved in activities against the interests of the party and if immediate action is required for the interests of the party, the Central Working Committee may, after conducting the necessary investigation, suspend, dissolve or remove such body or office bearer. However, it has been decided to expel the person against whom action is sought from the party without even giving him an opportunity to investigate the allegations or defend himself. Section 50(5) of the statute has been used in making such a decision. The said section mentions that the Central Committee has the power to interpret the statute.
It is written there – ‘If it is necessary to interpret the statute and take an unbiased decision on matters mentioned in the statute, the Central Working Committee can do so, keeping in mind the traditions of the party.’ Such a decision must be approved by the next general meeting or general convention.' The same section of the statute has been cited for taking action without asking for clarification or even giving a chance for a general explanation.
