Local level judicial committees: Adequate powers, confusion in implementation

Baishak 6, 2081

Menuka Dhungana

Local level judicial committees: Adequate powers, confusion in implementation

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The judicial committees at the local level are not able to work as expected. According to the Local Government Operation Act, 2074, in the provisions of the Local Government Operation Act, the judicial committee has been given two types of justice, the right to adjudicate a dispute or a case and the right to adjudicate a dispute only through reconciliation. But the local level here has not been able to implement both the arrangements.

Judicial Committee Coordinator and Deputy Chief Shiloj Kuvar said that Sanfebagar municipality has not yet selected a conciliator. There is a plan to choose a conciliator. But they have not been selected from the ward yet," he said, "not many cases come to the judicial committee, most of them go to the police."

According to him, 3 cases have come to the judicial committee in the previous year and 10 cases in the current year. He said that all issues were resolved through reconciliation. He said that the judicial committee appoints the conciliator and even though the case comes from the judicial committee from the village, they have not been able to practice accordingly. Sardevi Khadka, Vice President and Judicial Committee Coordinator of Chowrapati Rural Municipality, said that due to the dispute over the selection of the conciliator, no work has been done so far.

She said that because she was harassed by the locals, she also sent the cases that came to the judicial committee to the police. "Even before we were elected, there were no conciliators." "Even now, they have not been selected," she said, "We do not trust the people who are politicians, and the case does not come here." It is also difficult for us to express . I will send the cases that come here to the police. If necessary, I will also go there.'

According to him, the case has not come to the judicial committee yet. Even Mangalsen municipality in the capital has not been able to employ a conciliator. Complaint administrator Naresh Kathayat said that 15 conciliators have been selected in Mangalsen, which has 14 wards, but there is no other work. According to him, there is no incentive to work because there is no remuneration arrangement for the conciliators.

In the Local Government Operation Act, 2074, there is a policy provision to manage village assembly, municipal assembly, reconciliation and mediation so as not to adversely affect public recognition. To the judicial committee at the local level, distribution and use of alidhuri, dampaini, kulo or panighat, damage to other's crops, grazing, grass, firewood, non-payment of wages, lost or found domestic animals, non-maintenance and care of senior citizens, eating minor children, husband and wife, Has the right to report disputes related to house restoration and house restoration facilities that have not been provided with lawn or education, damaged houses up to Rs. 25 lakhs per year.

Similarly, planting trees affecting other people's property, property, watering other people's property or public road from their own house or Balesi, not leaving the land that should be vacated according to the law when building a house with a window facing Sandhiyar's land, even if it is owned by someone, a road that has been in public use since ancient times. The judicial committee established at the local level can determine the disputes that are not allowed or obstructed to use the exit of goods, cattle grazing grounds, ditches, canals, ponds, burial grounds or any other public places and which are determined by the federal or state laws to be decided at the local level. is mentioned.

In addition to this, in the law, other than government, public or community, one's rightful land has been encroached or encroached upon, building a house or any structure on other's land other than government, public or community, and divorce between husband and wife, etc. Apart from mutilation, there is a provision of imprisonment for a maximum of one year.

Beating, insulting, robbing, leaving animals loose or carelessly affecting others by keeping or rearing animals, unauthorized entry into other people's residences, usurping or usurping land under the rights of others, causing noise pollution or throwing garbage and affecting neighbors, etc. It is mentioned in the law that the judicial committee can resolve the dispute only through conciliation.

Even though the judicial committee has sufficient authority, all the cases that have come up so far have been settled through reconciliation, according to Nrip Bahadur Khadka, the vice president of Melekh Rural Municipality and coordinator of the judicial committee. "We haven't even hired a conciliator." Even the matter does not come to the judicial committee . We will send the cases after reconciling them," he said.

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