Kathmandu. The 12th general convention of the Non-Resident Nepali Association (NRNA) scheduled for March 13 is likely to not take place on the stipulated date. The general convention has been plunged into confusion after a writ petition was filed at Patan High Court demanding to stop the general convention and online voting process. The hearing of the petition has been scheduled for Wednesday.
A case has been filed by Rajendra Prasad Dangal on behalf of NRNA UK President Prem Gaha Magar, claiming that the election was against the statute by depriving thousands of members of the NCC UK of their voting rights. The petition cites the UK’s stringent data protection law (Data Protection Act).
According to the petitioner, the personal details of about 22,000 members of NRNA UK are protected under British law and the law does not allow for transfer of such details to the ‘MRS’ (Membership Registration System) system used by NRNA Center or to a third-party server.
It has been argued in the petition that the congress to be held due to technical and legal complexities excluding the delegates of the United Kingdom, who consist of around 20 percent of the total voters of the union, cannot be considered as a unity convention.
The petitioner has also raised serious questions about the online voting system and personal privacy. They claim that forcing voters to provide email and “selfie photos” (facial verification) to third-party apps for identification is against the right to personal privacy. Reminding that there was serious irregularities through online voting in the 2023 elections, the petition states that it is still illegal to give the responsibility of conducting the elections to a third party.
Likewise, a mandamus order has been demanded to conduct the election only with the physical presence of the representatives at a time when hundreds of thousands of Nepalis are stranded due to the conflicts in Israel, Iran and the Middle East.
The Ministry of Foreign Affairs, the International Coordination Council (ICC) of NRNA, NRNA Secretariat, Election Committee and NRNA President duo Mahesh Kumar Shrestha and Dr Baburam Bhattarai have filed the writ petition. Badri KC has been named as the defendant. Claiming that the letter (Ch. No. 6280) given by the Ministry to proceed with the election process through online if he could not be physically present was against the law, the petitioner has demanded to be annulled by the certiorari order. The petitioners have said that they had to go to the court after they submitted a memorandum to the Foreign Minister to address their demands by adopting alternative remedy route.
The petitioners have demanded the issuance of an interim order as per Rule 42 of the High Court Regulations-2073 not to proceed with the election of the 12th General Convention, not to implement the letter of the Ministry of Foreign Affairs and not to proceed with the letter of the Ministry of Foreign Affairs until the final verdict of the court. The court hearing and order scheduled for Wednesday will decide whether or not the general convention will be held on March 14 and Saturday. At the same time, there is no other option but to agree.
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