Tek Bahadur Gurung, who is facing a trial in the Supreme Court after being convicted by a special court, is a candidate from the Nepali Congress, Madhav Kumar Nepal, who is fighting a corruption case in the Patanjali land case, is a candidate from the Nepali Congress, and Rabi Lamichhane, who was released on bail in money laundering cases and cooperative fraud, is a candidate from the Rashtriya Swayamsevak Sangh (RSS).
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This time too, individuals who have been convicted by the court and are facing charges related to corruption and money laundering have become candidates in the House of Representatives elections. Political parties have fielded individuals who would automatically be suspended from their parliamentary posts if they win the election and would be barred from entering parliament.
Madhav Kumar Nepal, who is a candidate from the Nepali Communist Party in Rautahat-1, is a defendant in the Patanjali land corruption case. The Commission for the Investigation of Abuse of Authority filed a case against 93 people, including former Prime Minister Nepal, on 22 Jestha in the Patanjali land embezzlement case.
A fine of 185.85 million rupees was imposed against Nepal and a fine and imprisonment were demanded. Nepal was released on bail of 3.5 million rupees set by the special court on 11 Ashar. This case is yet to be resolved. It is mentioned in the Prevention of Corruption Act-2059 that a person in a public office who is facing a corruption case is automatically suspended. If Nepal wins the election, he cannot enter parliament as long as the case is pending.
Tek Bahadur Gurung, who is a candidate for the House of Representatives from the Nepali Congress in Manang, is a person who was convicted by a special court in a corruption case. Newly elected Nepali Congress President Gagan Kumar Thapa has made the same Gurung a candidate from the party. The CIAA had filed a case against Gurung and other defendants on 21 Magh 2075 in the land rental case owned by the Social Welfare Council in Bhrikutimandap, Kathmandu. The special court had found Gurung guilty on 16 Falgun 2079, and on 25 Falgun a fine of Rs 12.184,401 was imposed.
As mentioned in the charge sheet, the CIAA had appealed to the Supreme Court after it was not punished. The case is still pending. While the case was pending in the special court, the Nepali Congress had also fielded Gurung as a candidate in the 2079 House of Representatives election. Even though he won at that time, he was not able to enter parliament due to the case. Later, he entered parliament after obtaining an order from the Supreme Court. Since he was found guilty by the special court, he will not be able to enter parliament even if he is elected.
RSP President Ravi Lamichhane, who became a candidate in Chitwan-2, is a defendant facing cases in various district courts for cooperative fraud, money laundering and organized crime. Cases against Lamichhane in the cooperative fraud case under the guise of Gorkha Media Network are pending in Kaski, Kathmandu, Rupandehi, Chitwan and Parsa district courts. Lamichhane has been released on bail from those districts. The Parsa district court had sought a bail of Rs 10 million in the Sano Paila cooperative fraud case on Tuesday, but Lamichhane was released after submitting a bank guarantee. He had registered his candidacy from Chitwan-2 through a will and appeared at the Parsa district court on Tuesday.
A person holding a public office is automatically suspended if a money laundering case is filed. Attorney General Savita Bhandari had decided to amend the charge sheet against Lamichhane to pave the way for Lamichhane to enter parliament.
There is widespread opposition to this decision of the Attorney General. Home Minister Om Prakash Aryal has informed that the government has taken the decision taken by the Attorney General seriously and is reviewing it.
Laxmi Mahato Koiri, who was involved in the murder of Armed Police ASI Thaman BK during the Madhesh agitation in Bhadra 2072, has become a candidate from Mahottari-1 from UML in the upcoming House of Representatives. It was alleged that Koiri's murder was planned by Koiri. On Bhadra 25, 2072, BK, who was seriously injured after being beaten by protesters, was dragged out of an ambulance while being taken to Janakpur for treatment. After the incident, Thaman's brother Prem Bahadur filed a complaint against Koiri, including 28 people.
The Mahottari District Court released Koiri on a bail of Rs 100,000 on 2 Asoj 2076. After an appeal, the Janakpur High Court reversed the district's order on 19 Mangsir 2077 and ordered Koiri to be kept in custody and proceed with the case. After that, he became a candidate in the 2079 election and won from UML. The district has already acquitted Koiri on 28 Mangsir 2080. But the case against him is pending in the High Court. But UML has fielded him as its candidate from Mahottari-1 this time too.
Milan Gurung, known as 'Chakre Milan' in the gangster kingdom, has also been fielded by UML from Gorkha-2. Since the 2050s, he had been arrested for a dozen crimes including murder, drugs, indecent behavior, and public offenses, and was released on bail before becoming active in the criminal world. Legally, he is not disqualified from becoming a candidate.
The corruption case against Vijay Kumar Gachhadar, who was the Congress candidate from Sunsari-3, has not yet reached its final conclusion. The CIAA had filed a case against former minister Gachhadar in the special court in Magh 2076 in the case of misappropriation of government land at Lalita Niwas. Although the special court acquitted him, he appealed to the Supreme Court, which is still pending. The law does not prevent him from becoming a candidate either. Gachhadar is a leader who has been participating in elections continuously since 2048 BS.
Top Bahadur Rayamajhi, who is currently in prison on remand in the fake Bhutanese refugee case, was recommended by the UML from Arghakhanchi. But since he is still in detention, he was not made a candidate. The Congress was also preparing to make Sindhupalchowk leader and former minister Mohan Bahadur Basnet, who is facing charges in the Terramax case, and Bal Krishna Khand, who is also accused in the refugee case, a candidate. After the party leadership changed at the special general convention, both of them were not included in the candidate list.
The Gen-G movement that took place last Bhadra, demanding restoration of good governance and control of corruption, toppled the KP Sharma Oli-led government. After that, the parties have also put forward tainted and litigious people as candidates in the House of Representatives elections that the interim government formed after that. Since there is no legal provision to prevent people facing cases in court from participating in the elections, leaders have been taking advantage of it.
Although the Election Commission prepared a draft for amending the law and submitted it to the Home Ministry, the government did not move it forward. The Commission has made arrangements for filling out a self-declaration form for the upcoming elections in the case of tainted persons stating whether they have committed a crime or not, if so, what crime is being considered, and in which court it is pending. “The candidate’s eligibility and self-declaration form are screened. The Commission looks into what the law says about which crime is eligible/ineligible, and the candidates who are eligible are retained, while those found ineligible are cancelled,” said a Commission official.
