<figure><img width="2016" height="1186" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e69c7e80680e0a5f8djpeg.jpg" alt=""/><figcaption>UML's Madhav Kumar Nepal and Sher Bahadur Deuba during the unstable coalition politics of the mid-1990s, when both were rising in influence within their parties. Photo: MIN RATNA BAJRACHARYA</figcaption></figure>On Monday, Nepal's Supreme Court restored the House of Representatives that Prime Minister KP Oli had dissolved for the second time on 22 May. It then <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">ordered the Nepali Congress President Sher Bahadur Deuba to be installed as the next Prime Minister</a>. Sher Bahadur Deuba has now been appointed Prime Minister for the 5th time and preparations are already underway to form a new cabinet of ministers. Maoist Centre’s Pushpa Kamal Dahal has been tasked to finalise ministerial portfolios with Deuba while JSP has called a meeting of the Central Executive Committee today to decide on the ministers. In his address to the nation on Tuesday afternoon, outgoing Prime Minister Oli said that his party would accept the verdict but delivered a pointed rebuke to the Supreme Court ruling, including its decision to stop any action against UML dissidents, claiming that the move would undermine the multi-party system and democracy. “Such misinterpretation of the constitution for the fulfilment of certain aspirations of certain individuals has, in fact, served to amend the constitution regressively. Our democratic system will have to pay the price for the political implications of this decision,” he said. He added: “I had the people’s mandate but the order of the Supreme Court was in Sher Bahadur Deuba’s favour.” <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e89c7e80680e0a5f8ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Deuba, leading a five-party alliance of 146 MPs — from his own Nepali Congress, the Maoist Centre, as well dissident factions of the JSP and the UML — had filed a writ petition on 24 May after President Bidya Bhandari <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer">thwarted claims of a House majority to form the next government</a>.The Supreme Court verdict by Chief Justice Cholendra JB Rana and his bench was the apotheosis of Oli’s years-long <a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer">attempt to hold on to power</a>, characterised by bitter infighting within the erstwhile NCP, ultimately leading to his estrangement from the party co-chair Pushpa Kamal Dahal as well as from comrades within his own UML.Ahead of his appointment, Deuba welcomed the Supreme Court’s order in a press release put out on Tuesday morning, which stated that the decision had put the constitution—which had veered off-course— back on track, and reinstated the faith and trust of the people in an independent judiciary.“Rather than taking the court’s decision as a matter of personal win or loss, the decision must be used for the betterment of our democracy, constitution, and our country and its people,” it read.Meanwhile, UML lawmaker Bijay Subba in response to the Supreme Court’s ruling said the right to appoint the Prime Minister lies only within parliament and blamed lawmakers for taking politics to the court.“The constitution clearly states the rights of the legislative, executive, and the judiciary. The court does not have the right to select the Prime Minister. It is against the principle of separation of powers,” he said.Subba also deemed the court’s ruling to stop any action against the UML dissidents unconstitutional, saying, “In a party system, per the spirit of the constitution, parliamentarians must align with the party whip.”Responding to the accusation, the Supreme Court said that it was the president’s responsibility to appoint the prime minister. But in case of an unconstitutional action, it will take steps to rectify them. <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06eb9c7e80680e0a5f8fjpeg.jpg" alt=""><figcaption> </figcaption></figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06ee9c7e80680e0a5f90jpeg.jpg" alt=""><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06f19c7e80680e0a5f91jpeg.jpg" alt="">Now, the newly-appointed Prime Minister must seek a vote of confidence in the House of Representatives within 30 days under Article 76(4) of the constitution. Any member of the house who backs PM Deuba shall not be penalised for not voting along party lines, the Supreme Court also ordered. If Deuba gets a majority, he cannot be subjected to any future no-confidence motion and will remain Prime Minister for the remainder of the tenure of the House and preside over the next election. But if he fails to get a vote of confidence, the President, on Deuba’s recommendation, will dissolve the House once again and set a date for elections to be held within the next six months, per Article 76(7) of the constitution. Monday’s Supreme Court verdict also barred any disciplinary action against the UML dissidents who were a part of Deuba’s alliance. However, Madhav Kumar Nepal, who led the dissident UML faction in support of Deuba’s Prime Ministership bid, withdrew his support from the opposition alliance following the court ruling. Oli had been trying to <a href="https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/" target="_blank" rel="noopener noreferrer">patch things up</a> with Nepal before the verdict, with working groups from both sides having come up with a 10-point deal to address differences within the UML. But between the appointment of Deuba as the new prime minister and Nepal withdrawing his support from the opposition, the fate of UML and its unification remains undecided.

Shristi Karki

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Reinstate, remove, repeat

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94129c7e80680e06f1dbjpeg.jpg" alt="" width="1500" height="1000"/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Nepal’s Supreme Court has been overturning Prime Minister K P Oli’s moves to remain in office one by one, even as it began crucial hearings on his <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNFcfwSAhJcN3o2YRfc09cycuI6fLg">second dissolution</a> of the Lower House on <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNGn9_SCp2XoTEVx1Y1q1wFMB0pVQQ">22 May.</a>Lawyers presenting their arguments at the Court’s Constitutional Bench on Wednesday and Thursday went beyond just <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNGyc7SBPAkNZ8daTmk8Xf4bMvaGpA">questioning Oli’s moves</a>, they blamed President Bidya Devi Bhandari for complicity.And beyond calling for a restoration of the House, they also demanded that Sher Bahadur Deuba of the Nepali Congress (NC) replace Oli, since he had amply demonstrated a majority in the House.The final battle in the court is the culmination of a long-drawn power struggle between Oli and comrades within the UML and his former NCP, even while the country faces an emergency with the coronavirus pandemic.President Bidya Devi Bhandari’s <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEfhpSOMM9zO0aa-OOH9pv0unohLw">rejection of Deuba’s claim</a> to lead the government two months ago had prompted 146 politicians from a five-party alliance to file writ petitions in the Supreme Court on 24 May.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94159c7e80680e06f1dcjpeg.jpg" alt="" width="1698" height="1272"><figcaption> </figcaption></figure>Chief Justice Cholendra SJB Rana and Justices Deep Kumar Karki, Mira Khadka, Iswar Prasad Khatiwada and Ananda Mohan Bhattarai will give a final verdict after a stipulated 32 hours of hearings over the next two weeks.That ruling will determine whether the House is reinstated and if Deuba becomes prime minister for the fifth time, or if Oli continues as prime minister to oversee early elections in November. If the House is reinstated, the five-party alliance could also choose some other prime minister.Like Deuba, other leaders of the anti-Oli alliance have also been prime ministers before: Pushpa Kamal Dahal (twice), Madhav Kumar Nepal, Jhalnath Khanal and Baburam Bhattarai.The signs do not look good for Oli whose latest setback was the Supreme Court’s decision on Tuesday reversing his <a href="https://www.nepalitimes.com/latest/nepal-government-reshuffle-during-pandemic/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-government-reshuffle-during-pandemic/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEucL_TDQmSld75IHcEemzl7UaY9g">appointment of 20 ministers</a>earlier this month, saying it was unconstitutional for a caretaker prime minister to do so.In fact, Water Supply Minister Anil Jha of the JSP was being welcomed in his constituency in Rautahat on Tuesday when word came from Kathmandu that the Court had directed all Cabinet ministers to stop working. And in a show of defiance, Oli told deposed ministers they didn’t need to vacate their official residence because “something will come up”.In the midst of a pandemic, Nepal's governing Cabinet is now down to Oli and four ministers. The third health minister in a year was among the 20 who had to step down this week after just 19 days in office.The five-party opposition alliance decided to put pressure on Oli by launching street protests starting on Thursday. Speaking to a gathering of editors on Thursday, the NC's Deuba said: "The prime minister and president colluded at midnight to dismantle democracy and the constitution, that is why we have formed this alliance. We will mobilise the public if needed, to fight against a return to authoritarianism."<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94189c7e80680e06f1ddjpeg.jpg" alt="" width="720" height="480"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941a9c7e80680e06f1dejpeg.jpg" alt="" width="960" height="640"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941d9c7e80680e06f1dfjpeg.jpg" alt="" width="960" height="642">Last week, the Supreme Court overturned a Cabinet decision to amend national park regulations so that Yeti Holdings got a license to build a hydroelectric plant in Langtang. The Court also over-ruled an attempt by Oli to allow ministers to automatically become ambassadors, without having to be graduates. Then, Oli’s loyalist chief minister in the UML was voted out of the Gandaki provincial government last week by a coalition of opposition parties.At the Constitutional Bench, the petitioners and the government’s defence lawyers have been allocated 15 hours each to present their case, after which four lawyers from an amicus curiae will be given two hours to give their opinion.Central to the argument will be whether President Bhandari was fair in rejecting claims by both Deuba and Oli that they had a majority in the House to form a new government. On 21 May, Oli claimed he had the support of a majority in the House that he had himself dissolved earlier, by counting the total membership of his own UML and the Janata Samajbadi Party (JSP) — even those in both parties who had defected to Deuba’s camp.Deuba presented President Bhandari with 149 actual signatures of MPs from the NC, Maoist Centre (MC) and dissidents from the UML and JSP. Only 136 votes are needed for a majority based on the current House strength.On Wednesday and Thursday, petitioners at the Constitutional Bench argued that Article 76 (5) of the Constitution clearly stated that if a prime minister cannot demonstrate he has the confidence of the House, the president has to call on any member who can do so to form the next government.Firebrand lawyer Sambhu Thapa argued: “Why does the president require any other proof other than the 149 signatures? Who gave the president the authority to choose her own prime minister, or take away the right of House members to vote? This is a right that was earned after a long political struggle.”<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941f9c7e80680e06f1e0jpeg.jpg" alt="" width="960" height="640"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94229c7e80680e06f1e1jpeg.jpg" alt="" width="960" height="642"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94249c7e80680e06f1e2jpeg.jpg" alt="" width="960" height="640">Last week President Bhandari’s office responded to a show cause from the Court with a written explanation that the <a href="https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNHluN7S9Tlzf7kz7vsDIVxJidoQig">Supreme Court did not have jurisdiction</a> over the Office of the President. The President’s advisers have said that she took the decision to dissolve the House because the support of some MPs was claimed by both Deuba and Oli.In his clarification letter to the Supreme Court, Oli argued that the Court had no role in a purely political matter.In Thursday’s Constitutional Bench hearings, former attorney general Raman Shrestha argued that the President was claiming a right over the Supreme Court similar to what Nepal’s kings had during the monarchy days.“This debate in the Court is not about Oli or Deuba becoming prime minister, it is about whether a Constitution drafted by an elected Constituent Assembly will remain or not,” Shrestha said.Another lawyer Badri Bahadur Karki argued that a decision on whether Deuba had a majority support of the House or not was not up to the president. “The president invoking Article 76(5) was for the formation of an alternative government, not to reinstate the same government,” Karki argued, adding in English, “the president should have told Oli, you are no more prime minister.”Oli, who has survived many earlier cliffhangers, probably expects the Supreme Court to reinstate the House, and he is planning to demonstrate a majority by <a href="https://www.nepalitimes.com/here-now/nepal-pm-oli-back-on-saddle/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/nepal-pm-oli-back-on-saddle/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEA1z9mRfljFFGu7HLVClQWlwriyg">wooing back dissident UML MP</a>s and the JSP floor test. Oli will need at least 114 of the total 121 members of the UML as well as at least 20 from the Mahanta Thakur faction of the JSP <a href="https://www.nepalitimes.com/banner/parliamentary-arithmetics/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/parliamentary-arithmetics/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNFHTBsAGOKmQ3mM0AWKIqW3ykM03w">to prove a House majority</a>.However, the tenor of the court hearings this week prove that they will not be satisfied with the restoration of the House — they want President Bhandari’s decision to disqualify Deuba’s claim to be prime minister revoked.

Oli's gambit

<img width="1574" height="658" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636ceeb39c7e80680e09ae46jpeg.jpg" alt=""/>In response to President Bidya Devi Bhandari’s call for the formation of a government under Article 76 (5) of the Constitution, the Leader of the Opposition Sher Bahadur Deuba and Prime Minister KP Sharma Oli submitted <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNEhPxVkCQEg7_nSphiFjbuMNCda9Q">separate claims on 21 May</a> to her of commanding a majority of parliamentarians. Deuba had the claim of support of 149 MPs while PM Oli had 153.  It is not possible that there would be two majorities in the House of Representatives (HoR), and with the President <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNG_RvqaIUUq6AhnG_0i6F90-QNx7A">rejecting both claims</a>, the main question right now rests on the interpretation of Article 76 (5). While the basis on which the Head of State reached the conclusion is a matter of her judicial discretion which cannot be questioned in court, it is nevertheless important to interpret and understand Article 76 (5) holistically, given the national importance of a prime minister’s election.In order to fully grasp the basis of the President’s decision, it is important to go into the text of Article 76 (5): ‘In case where the Prime Minister appointed under Clause (3) fails to obtain a vote of confidence under Clause (4) and any member under Clause (2) presents the ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as Prime Minister.’Under the Constitution, therefore, this article requires four preconditions to be clearly fulfilled before a decision is made:FIRST, the results from the application of Clause (4). While applying this clause, PM KP Sharma Oli sent a written letter to the President stating that as he did not have the numbers to obtain vote of confidence under existing circumstances, he recommended issuing the call under Clause (5) for the formation of new government. With the Prime Minister's recommendation following from his Cabinet's decision, the President had no choice but to make the call.  The opposition parties in the HoR initially criticised the recommendation of the Prime Minister and demanded he should rather have gone for a floor test. But then the leader of the opposition Deuba laid claim to government with 149 members under the President’s call under 76 (5) as recommended by the Prime Minister. PM Oli then also laid claim to government, saying he had the support of 153 members.What we see thus is a majority in HoR recognising activation of Clause (4) by default and the prime minister’s inability to gain confidence of the House. If that were not the case, there would not have been the condition for the claims of both candidates to be considered under Article 76 (5). Thus, there we see unanimous acceptance of the fact that the Supreme Court’s 23 February 2021 decision requiring the House to proceed through the application of Clauses (1), (2), (3), (4) and (5) had been followed to the letter. The political parties have themselves resolved the debate around this matter by participating in the call by the president. SECOND, the candidature for prime ministership under Article 76 (5) should be of a member of the HoR under Clause (2). This clause specifies, ‘any member of the House who can get a majority with the support of two or more than two parties’ may present the basis for obtaining the House of Representatives' vote of confidence.When read in the context of Article 76 (5), any House member, not necessarily the parliamentary party leaders of larger parties, who presents basis for gaining vote of confidence can be appointed prime minister. Under the process guided by these constitutional provisions, there can be no doubt that the support of political parties to such a candidate is a necessity.This aspect is evident in Deuba’s claim being supported by the Nepali Congress and CPN (Maoist Centre) along their party lines. In the case of PM Oli’s claim, however, the support of both the CPN (UML) party which he leads as well as the Janata Samajbadi Party is divided, denting his claim. His claim of majority is therefore subject to disapproval. THIRD, the prime question is whether the signatures or support of MPs during the process under Article 76 (5) that go against the decision of their parties are to be given validity. While the Deuba’s claim is based on an independent position taken by 38 MPs of the UML and JSP combined, the President appears to have accorded recognition to all members of the House.The president could have rejected the application at the first instance, using her privilege of office. Deuba’s claim was allowed to be registered following due process by the president herself.It was not possible to reject the application by Prime Mnister Oli because his claim included the decision of the parties concerned and the name-list of MPs by party. It was not unnatural for the two sides to place applications, given that the JSP as a party which had earlier decided to remain neutral had changed its decision at the last minute and to participate in the process under 76 (5). FOURTH, the application under Article 76 (5) made before the President for appointment as prime minister requires placing ‘the basis (आधार) to be able to win a vote of confidence’. What this means is that the President will have to have confidence that the prime minister appointed under Article 76 (5) is able to win the confidence vote within 30 days pursuant to Article 76 (4).In other words, regardless of the claims of a candidate to majority support at the time of application, the president’s concern would be to see if there is basis for the candidate winning a confidence vote within 30 days. As the defender of the Constitution and seeking stability for the polity, it would be natural for President Bhandari to see the verifiability of a claim to majority within the time frame of 30 days as stipulated in the Constitution. When there is no debate on the matter, there would be no questioning claims of a candidate of the support of MPs, whether numbering 149 or 153. They both are majority numbers.  But in the current instance, both applications to the President were contentious. Further, the president had been formally informed in writing that some MPs of the CPN (UML) and JSP have supported the application of another party, and that those two parties were to carry out disciplinary actions against those Members of Parliament.Given that the law on political parties stipulates clearly that the parliamentary procedure for the suspension or ouster of MPs can take no more than 15 days, it becomes clear that neither list before the President was likely to remain intact by the time the vote of confidence was sought within the 30-day stipulation. Thus, the president was unable to give her assent to either application.Can party MPs vote independently?It is important to understand here that while MPs may try to go outside the bounds set by their parties, the Constitution and law relating to political parties and associated regulations provide strong basis for the parties to keep their MPs in check and under party discipline. There is no existing law or constitutional provision that allows us to choose between what action by an MP attracts party disciplinary measures and what does not. There is no basis to the argument that the disciplinary action against MPs may not be applied selectively for certain clauses of the Constitution. In essence, the political parties are sovereign in their ability to ensure party discipline in Parliament under any and every circumstance.MPs must make a choice between party affiliation and independent vote, and choosing the latter course they have to be subject to discipline for defying the party whip. Voting outside the party decision can mean expulsion from the party, which would ipso facto mean vacating the parliamentary seat in the House. The Maoist Centre has already utilised this authority over its representatives by ousting several members in both the houses of the Federal Parliament and in provincial parliaments.According to the existing system, and as clearly spelt out in the Constitution and the law on political parties, MPs of nationally recognised parties are able to vote of their own volition only when electing the leader of their parliamentary party. Otherwise, in every sphere and activity, MPs are bound by his/her party’s decisions and directives. This principle was seen applied clearly during the proceeding of the just-dissolved HoR last year, when MP Sarita Giri’s seat was instantaneously revoked when she defied her party whip.The process of disciplinary action leading to expulsion is fairly simple. If a request has been formally made by a party to revoke an MP’s membership in the House, the parliamentary secretariat may take no more than 15 days to implement that notice. It should also be noted that other than cases filed in the courts on corruption and specific criminal offences, disciplinary actions against MPs are the prerogative of their parties.Difference between JSP and UML 'independents'Given that the JSP has a structure with two chairpersons, decisions to support or to take action under the party’s constitution require the agreement of both and hence may not be immediately implementable. For this reason, Deuba may get the benefit of doubt. JSP's case here is exactly like that of the erstwhile NCP, about which the Election Commission could not take decisions because of the party's statute requiring consensus between its two chairpersons. The JSP independents therefore may weigh in for Mr. Deuba.However, there would be no confusion in the case of the CPN (UML) dissidents. The President was officially informed before she took her decision that the chair and parliamentary party leader of the CPN (UML) was in a position to act immediately against the MPs who had gone against the party’s decision. This referred to the fact that UML's 26 MPs who supported Deuba's application had already breached their party whip on 10 May by abstention during the vote of confidence Prime Minister Oli had sought.Breach of party whip is one of the several legal conditions for vacating the seat of an MP. Existing laws and party statutes provide this right to all political parties. It thus appears that the list presented by Deuba was clearly fragmented and his claim of majority would have fallen short within the 30-day stipulated timeframe. There was no reason to be confident that the number presented by Deuba would remain intact until the required vote of confidence on the floor of the House. Both claimants, or either one of them, could have thought he would win the vote of confidence after the president appointed him prime minister but before the disciplinary procedure of the relevant party was activated. Or, one or other candidate could have hoped to have the Speaker of Parliament show indulgence and ‘good office’ towards himself in terms of handling the disciplinary proceedings. Such in-party and inter-party conspiracies are necessarily outside the consideration of the president, who will be concerned only with what is written in the law and Constitution.Should the President have verified both lists?The dissident MPs of the UML and JSP supporting Deuba's application are working as minority groups within their individual parties. They have their own claims of legitimacy still to be proven before the competent law. The provisions relating to breakup of parties and related aspects are clearly attracted by the application of both candidates, given that the party decisions of the UML and JSP are on one side while the minority groups of both parties have gone to the other side. Under such circumstances, it is not correct legally or on principle to demand that the President verify the lists of MPs provided by the two applicants. The law as it relates to political parties has set a specific process for the breakup of parties, which also allows minority groups to be sufficiently heard which often becomes a long-drawn process. The president’s office is not the place to utilise certain numbers or groups to divide up parties, it is meant to promote unity among the political parties and the nation generally. The place to decide majority and minority through a counting exercise is the Parliament.  It also goes against the principle of multiparty system of governance to lay claim to dissident minority of members of another political party as ‘independents’. Article 74 of the constitution clearly spells out: ‘The form of government of Nepal shall be multi-party, competitive, federal, democratic, republican, parliamentary form of government based on pluralism.’Both claimants who approached the President should have chosen a different path rather than put her office in a position of controversy. MPs wanting to support one among the two aspirants for the post of prime minister while going against their own party whip should have done so either after completing the party division process, or being able to establishtheir independent status. This would have been the only proper procedure. Even though the House membership of said MPs were intact at the time that the claimants approached the President, given the imminent action by both parties leading at the very least to the expulsion of a number of MPs, it becomes clear why the claims by both candidates did not carry credible ‘basis’ as required for the President’s decision under Article 76 (5).It is evident that the President has taken her decision based not only on immediate or short-term considerations, but with a concern for the future workings of Parliament. Take for instance a situation where because a party’s disciplinary proceedings is delayed for whatever reason and the MPs’ defiance of party whip is recognised, as a result of which one claimant wins the vote of confidence. Such MPs will still be a subject to party action, however, and when that happens the newly formed government will immediately go into minority. Constitutionally, the opposition cannot bring a motion of no-confidence until two years after a new prime minister is elected even if the government is in minority. Under such a situation, the government will not be able to adopt its policies and programs, neither the budget, nor get passage of bills in Parliament – a situation similar to that faced by current Prime Minister KP Sharma Oli. The goal of Parliament is not to create a minority government, or an even weaker one. Instead, the goal of the Constitution is to provide stability rather than weaken the system through repeated election of minority prime ministers. Therefore, the claims of majority placed before President Bhandari by the two aspirants were like blocks of ice under the sun, bound to diminish over time.Either claimant should have been able to present rock-solid majorities and outside of controversies, which would have been according to the spirit of the Constitution. Hence, on the basis of constitutionalism and the principles of parliamentary democracy, President Bhandari denied both applications. Tika Dhakal is Press Adviser to President Bidya Devi Bhandari. The views expressed here are his own.

Interpreting Article 76 (5) of Nepal’s Constitution

<img width="1574" height="658" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111152/636b86aa9c7e80680e067869jpeg.jpg" alt=""/>In response to President Bidya Devi Bhandari’s call for the formation of a government under Article 76 (5) of the Constitution, the Leader of the Opposition Sher Bahadur Deuba and Prime Minister KP Sharma Oli submitted <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNEhPxVkCQEg7_nSphiFjbuMNCda9Q">separate claims on 21 May</a> to her of commanding a majority of parliamentarians. Deuba had the claim of support of 149 MPs while PM Oli had 153.  It is not possible that there would be two majorities in the House of Representatives (HoR), and with the President <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNG_RvqaIUUq6AhnG_0i6F90-QNx7A">rejecting both claims</a>, the main question right now rests on the interpretation of Article 76 (5). While the basis on which the Head of State reached the conclusion is a matter of her judicial discretion which cannot be questioned in court, it is nevertheless important to interpret and understand Article 76 (5) holistically, given the national importance of a prime minister’s election.In order to fully grasp the basis of the President’s decision, it is important to go into the text of Article 76 (5): ‘In case where the Prime Minister appointed under Clause (3) fails to obtain a vote of confidence under Clause (4) and any member under Clause (2) presents the ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as Prime Minister.’Under the Constitution, therefore, this article requires four preconditions to be clearly fulfilled before a decision is made:FIRST, the results from the application of Clause (4). While applying this clause, PM KP Sharma Oli sent a written letter to the President stating that as he did not have the numbers to obtain vote of confidence under existing circumstances, he recommended issuing the call under Clause (5) for the formation of new government. With the Prime Minister's recommendation following from his Cabinet's decision, the President had no choice but to make the call.  The opposition parties in the HoR initially criticised the recommendation of the Prime Minister and demanded he should rather have gone for a floor test. But then the leader of the opposition Deuba laid claim to government with 149 members under the President’s call under 76 (5) as recommended by the Prime Minister. PM Oli then also laid claim to government, saying he had the support of 153 members.What we see thus is a majority in HoR recognising activation of Clause (4) by default and the prime minister’s inability to gain confidence of the House. If that were not the case, there would not have been the condition for the claims of both candidates to be considered under Article 76 (5). Thus, there we see unanimous acceptance of the fact that the Supreme Court’s 23 February 2021 decision requiring the House to proceed through the application of Clauses (1), (2), (3), (4) and (5) had been followed to the letter. The political parties have themselves resolved the debate around this matter by participating in the call by the president. SECOND, the candidature for prime ministership under Article 76 (5) should be of a member of the HoR under Clause (2). This clause specifies, ‘any member of the House who can get a majority with the support of two or more than two parties’ may present the basis for obtaining the House of Representatives' vote of confidence.When read in the context of Article 76 (5), any House member, not necessarily the parliamentary party leaders of larger parties, who presents basis for gaining vote of confidence can be appointed prime minister. Under the process guided by these constitutional provisions, there can be no doubt that the support of political parties to such a candidate is a necessity.This aspect is evident in Deuba’s claim being supported by the Nepali Congress and CPN (Maoist Centre) along their party lines. In the case of PM Oli’s claim, however, the support of both the CPN (UML) party which he leads as well as the Janata Samajbadi Party is divided, denting his claim. His claim of majority is therefore subject to disapproval. THIRD, the prime question is whether the signatures or support of MPs during the process under Article 76 (5) that go against the decision of their parties are to be given validity. While the Deuba’s claim is based on an independent position taken by 38 MPs of the UML and JSP combined, the President appears to have accorded recognition to all members of the House.The president could have rejected the application at the first instance, using her privilege of office. Deuba’s claim was allowed to be registered following due process by the president herself.It was not possible to reject the application by Prime Mnister Oli because his claim included the decision of the parties concerned and the name-list of MPs by party. It was not unnatural for the two sides to place applications, given that the JSP as a party which had earlier decided to remain neutral had changed its decision at the last minute and to participate in the process under 76 (5). FOURTH, the application under Article 76 (5) made before the President for appointment as prime minister requires placing ‘the basis (आधार) to be able to win a vote of confidence’. What this means is that the President will have to have confidence that the prime minister appointed under Article 76 (5) is able to win the confidence vote within 30 days pursuant to Article 76 (4).In other words, regardless of the claims of a candidate to majority support at the time of application, the president’s concern would be to see if there is basis for the candidate winning a confidence vote within 30 days. As the defender of the Constitution and seeking stability for the polity, it would be natural for President Bhandari to see the verifiability of a claim to majority within the time frame of 30 days as stipulated in the Constitution. When there is no debate on the matter, there would be no questioning claims of a candidate of the support of MPs, whether numbering 149 or 153. They both are majority numbers.  But in the current instance, both applications to the President were contentious. Further, the president had been formally informed in writing that some MPs of the CPN (UML) and JSP have supported the application of another party, and that those two parties were to carry out disciplinary actions against those Members of Parliament.Given that the law on political parties stipulates clearly that the parliamentary procedure for the suspension or ouster of MPs can take no more than 15 days, it becomes clear that neither list before the President was likely to remain intact by the time the vote of confidence was sought within the 30-day stipulation. Thus, the president was unable to give her assent to either application.Can party MPs vote independently?It is important to understand here that while MPs may try to go outside the bounds set by their parties, the Constitution and law relating to political parties and associated regulations provide strong basis for the parties to keep their MPs in check and under party discipline. There is no existing law or constitutional provision that allows us to choose between what action by an MP attracts party disciplinary measures and what does not. There is no basis to the argument that the disciplinary action against MPs may not be applied selectively for certain clauses of the Constitution. In essence, the political parties are sovereign in their ability to ensure party discipline in Parliament under any and every circumstance.MPs must make a choice between party affiliation and independent vote, and choosing the latter course they have to be subject to discipline for defying the party whip. Voting outside the party decision can mean expulsion from the party, which would ipso facto mean vacating the parliamentary seat in the House. The Maoist Centre has already utilised this authority over its representatives by ousting several members in both the houses of the Federal Parliament and in provincial parliaments.According to the existing system, and as clearly spelt out in the Constitution and the law on political parties, MPs of nationally recognised parties are able to vote of their own volition only when electing the leader of their parliamentary party. Otherwise, in every sphere and activity, MPs are bound by his/her party’s decisions and directives. This principle was seen applied clearly during the proceeding of the just-dissolved HoR last year, when MP Sarita Giri’s seat was instantaneously revoked when she defied her party whip.The process of disciplinary action leading to expulsion is fairly simple. If a request has been formally made by a party to revoke an MP’s membership in the House, the parliamentary secretariat may take no more than 15 days to implement that notice. It should also be noted that other than cases filed in the courts on corruption and specific criminal offences, disciplinary actions against MPs are the prerogative of their parties.Difference between JSP and UML 'independents'Given that the JSP has a structure with two chairpersons, decisions to support or to take action under the party’s constitution require the agreement of both and hence may not be immediately implementable. For this reason, Deuba may get the benefit of doubt. JSP's case here is exactly like that of the erstwhile NCP, about which the Election Commission could not take decisions because of the party's statute requiring consensus between its two chairpersons. The JSP independents therefore may weigh in for Mr. Deuba.However, there would be no confusion in the case of the CPN (UML) dissidents. The President was officially informed before she took her decision that the chair and parliamentary party leader of the CPN (UML) was in a position to act immediately against the MPs who had gone against the party’s decision. This referred to the fact that UML's 26 MPs who supported Deuba's application had already breached their party whip on 10 May by abstention during the vote of confidence Prime Minister Oli had sought.Breach of party whip is one of the several legal conditions for vacating the seat of an MP. Existing laws and party statutes provide this right to all political parties. It thus appears that the list presented by Deuba was clearly fragmented and his claim of majority would have fallen short within the 30-day stipulated timeframe. There was no reason to be confident that the number presented by Deuba would remain intact until the required vote of confidence on the floor of the House. Both claimants, or either one of them, could have thought he would win the vote of confidence after the president appointed him prime minister but before the disciplinary procedure of the relevant party was activated. Or, one or other candidate could have hoped to have the Speaker of Parliament show indulgence and ‘good office’ towards himself in terms of handling the disciplinary proceedings. Such in-party and inter-party conspiracies are necessarily outside the consideration of the president, who will be concerned only with what is written in the law and Constitution.Should the President have verified both lists?The dissident MPs of the UML and JSP supporting Deuba's application are working as minority groups within their individual parties. They have their own claims of legitimacy still to be proven before the competent law. The provisions relating to breakup of parties and related aspects are clearly attracted by the application of both candidates, given that the party decisions of the UML and JSP are on one side while the minority groups of both parties have gone to the other side. Under such circumstances, it is not correct legally or on principle to demand that the President verify the lists of MPs provided by the two applicants. The law as it relates to political parties has set a specific process for the breakup of parties, which also allows minority groups to be sufficiently heard which often becomes a long-drawn process. The president’s office is not the place to utilise certain numbers or groups to divide up parties, it is meant to promote unity among the political parties and the nation generally. The place to decide majority and minority through a counting exercise is the Parliament.  It also goes against the principle of multiparty system of governance to lay claim to dissident minority of members of another political party as ‘independents’. Article 74 of the constitution clearly spells out: ‘The form of government of Nepal shall be multi-party, competitive, federal, democratic, republican, parliamentary form of government based on pluralism.’Both claimants who approached the President should have chosen a different path rather than put her office in a position of controversy. MPs wanting to support one among the two aspirants for the post of prime minister while going against their own party whip should have done so either after completing the party division process, or being able to establishtheir independent status. This would have been the only proper procedure. Even though the House membership of said MPs were intact at the time that the claimants approached the President, given the imminent action by both parties leading at the very least to the expulsion of a number of MPs, it becomes clear why the claims by both candidates did not carry credible ‘basis’ as required for the President’s decision under Article 76 (5).It is evident that the President has taken her decision based not only on immediate or short-term considerations, but with a concern for the future workings of Parliament. Take for instance a situation where because a party’s disciplinary proceedings is delayed for whatever reason and the MPs’ defiance of party whip is recognised, as a result of which one claimant wins the vote of confidence. Such MPs will still be a subject to party action, however, and when that happens the newly formed government will immediately go into minority. Constitutionally, the opposition cannot bring a motion of no-confidence until two years after a new prime minister is elected even if the government is in minority. Under such a situation, the government will not be able to adopt its policies and programs, neither the budget, nor get passage of bills in Parliament – a situation similar to that faced by current Prime Minister KP Sharma Oli. The goal of Parliament is not to create a minority government, or an even weaker one. Instead, the goal of the Constitution is to provide stability rather than weaken the system through repeated election of minority prime ministers. Therefore, the claims of majority placed before President Bhandari by the two aspirants were like blocks of ice under the sun, bound to diminish over time.Either claimant should have been able to present rock-solid majorities and outside of controversies, which would have been according to the spirit of the Constitution. Hence, on the basis of constitutionalism and the principles of parliamentary democracy, President Bhandari denied both applications. Tika Dhakal is Press Adviser to President Bidya Devi Bhandari. The views expressed here are his own.

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60809c7e80680e056e83jpeg.jpg" alt="" width="1500" height="1000"/>President Bidya Devi Bhandari concluded her four-day state visit to Burma on 19 October by inaugurating an exhibition on Lumbini, a UNESCO World Heritage Property, in Yangon’s iconic Shwedagon Pagoda. Nepali foreign minister Predeep Gyawali and Burma's Union Minister for Religious Affairs and Culture Thura U Aung Ko were also present at the event.The exhibition titled ‘Lumbini, Where I was Born’ brings glimpses of the Buddha’s birthplace to the Burmese audience and showcases Buddhist archaeological sites of importance.“It is a great honour to organise an exhibition in Shwedagon Pagoda, the most sacred site in Burma, holding relics of the four previous Buddhas of this era,” said Vice Chair Ven Metteyya Sakyaputta of the Lumbini Development Trust. “Given that three of the past four Buddhas were born in present day Nepal, as recorded by Emperor Asoka’s pillars, there perhaps could not be more ideal venue than this iconic gilded stupa area to showcase Lumbini and the surrounding sacred sites.”The exhibit particularly highlights the pivotal role of <a href="https://www.nepalitimes.com/here-now/u-thant-kenzo-tange-and-the-buddhas-birthplace/" target="_blank" rel="noopener">U Thant</a>, the then Burmese Secretary General of the United Nations, in the development of Lumbini. When Thant first visited Lumbini in 1967, he was moved to tears and was determined to turn the nativity site into an international centre for peace.Read also:<a href="https://www.nepalitimes.com/banner/the-right-path/" target="_blank" rel="noopener">The right path</a><a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/u-thant-kenzo-tange-and-the-buddhas-birthplace/" target="_blank" rel="noopener">U Thant, Kenzo Tange and the Buddha's birthplace</a>, Kunda DixitPlans were drawn, a design was developed and approved, and funds set up. But over the years the masterplan languished due to corruption, poor governance and conflict in Nepal. Now, Thant’s grand vision is finally coming true after 40 years.“Lumbini is not just the birthplace of the Buddha, it is the birthplace of far reaching universal ideas such as tolerance, compassion and peace. In a world ridden with conflict and disillusionment, the universality of the Buddha’s message is even more relevant today,” said Sumnina Udas, founding director of the Lumbini Museum.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60839c7e80680e056e84jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60869c7e80680e056e85jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a608a9c7e80680e056e86jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a608d9c7e80680e056e87jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60919c7e80680e056e88jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60959c7e80680e056e89jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60999c7e80680e056e8ajpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a609c9c7e80680e056e8bjpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a609f9c7e80680e056e8cjpeg.jpg" alt="" width="1500" height="1000">The exhibition will run until 30th October. It is organised by the Lumbini Development Trust, Nepal as part of the Visit Nepal 2020 campaign and curated by the Lumbini Museum and UNESCO Chair from Durham University.Photos by Zwe Nyi Htet

Lumbini Museum exhibition in Burma

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a369c9c7e80680e04831ajpeg.jpg" alt="" width="1400" height="933"/><figcaption>RENEWABLE TRANSPORT: Symbolic gestures like President Bidya Devi Bhandari using an electric limousine, and more practical tax breaks for EVs have won Nepal international praise for a proactive energy policy. However, reforms are still needed to encourage electric public transport. Pic: THE PRESIDENT’S OFFICE</figcaption></figure>Residents of Kathmandu by now know that they breathe some of the <a href="http://archive.nepalitimes.com/page/every-breath-you-take-air-pollution" target="_blank" rel="noopener">dirtiest air in the world</a>. But unlike elsewhere, that awareness has not created the public opinion pressure to <a href="https://www.nepalitimes.com/here-now/open-air/" target="_blank" rel="noopener">force politicians to act</a>.Up to 35,000 Nepalis lose their lives annually due to diseases caused by air pollution. One in every 10 people in Kathmandu suffers from chronic lung diseases like COPD, bronchitis and emphysema. The average life expectancy of Nepalis <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/air-pollution-decreases-life-span,3999" target="_blank" rel="noopener">is reduced</a> by over two and one-half years because of air pollution.“We have seen that electric public transportation <a href="http://archive.nepalitimes.com/regular-columns/guest-editorial/public-transport-is-equal-to-public-health,844" target="_blank" rel="noopener">can improve public health by reducing pollution</a>,” says Sajha Yatayat Executive Director Bhushan Tuladhar. “Recent advances in electric transport provide the solution. What is sorely lacking in Nepal is political will, long-term commitment and strategic planning for electric mobility.”Read also: <a href="https://www.nepalitimes.com/?p=25485&amp;preview=true" target="_blank" rel="noopener">Life in the time of tornados</a>, Ajaya DixitIndeed, Nepal’s policy makers no longer have an excuse to do nothing about air pollution: they can follow the example of China and India and announce a national campaign to switch to <a href="https://www.nepalitimes.com/here-now/cleaner-air-with-greener-buses/" target="_blank" rel="noopener">electric public transport</a>.India is rolling out 7,000 electric buses this year. The Delhi Metro is now powered by solar energy and plans to go fully solar by 2021.All 16,000 public buses in Shenzhen are electric. China has replaced all its petrol two-wheelers with electric motorcycles and scooters.Global demand for electric vehicles is rising rapidly, and manufacturers are having a hard time meeting demand, mainly because of the shortage of lithium ion batteries. The sale of electric vehicles overtook fossil-fuel cars in Norway last month.Read also:<a href="https://www.nepalitimes.com/banner/electri-city-cars/" target="_blank" rel="noopener">Electri-City Cars</a>, Sikuma Rai<a href="https://www.nepalitimes.com/banner/20-electric-by-2020/" target="_blank" rel="noopener">20% electric by 2020</a>, Om Astha RaiHere in Nepal, <a href="https://www.nepalitimes.com/banner/electri-city-cars/" target="_blank" rel="noopener">electric cars</a> now make up 10% all of all new sales. The first 40 Hyundai Kona EV sold out as soon as they arrived, and the next batch of 40 are already booked. In fact, Hyundai launched Kona in Nepal before it did so in Australia and the US. The Korean car-maker listed Nepal as a top priority market in the Asia- Pacific because of tax breaks for electric vehicles here.“We were able to convince the manufacturers that Nepal was ready to go electric because of our hydropower potential and the tax difference between electric and non-electric vehicles that showed a strong government commitment,” explained Nirakar Shrestha of Laxmi InterContinental, which represents Hyundai in Nepal.While the retail price of petrol and diesel reaches up to 261% above the cost price, electric vehicles carry just a 10% tax on the purchase price.  Electric cars are exempt from road tax, which can be Rs30-50,000 per year for fossil-fuel cars. Nepal is the only country in the world with such a huge relative tax difference.Read also: <a href="https://www.nepalitimes.com/banner/from-a-fossil-past-to-an-electric-future/" target="_blank" rel="noopener">From a fossil past to an electric future</a>, Om Astha Rai<a href="https://www.nepalitimes.com/here-now/cleaner-air-with-greener-buses/" target="_blank" rel="noopener">Cleaner air with greener buses</a>, Bhushan Tuladhar<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a369f9c7e80680e04831bjpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure>However, there are still challenges to overcome before electric vehicles gain greater public acceptance, including the lack of charging stations, undependable electricity supply, and inadequate parking lots. A fast-charge electric station costs a minimum of $30,000 and can charge only 25 vehicles a day. Establishing one requires a government subsidy as well as a regulator to permit the charging of different EV models.Kathmandu Valley alone has <a href="https://www.nepalitimes.com/banner/poisoning-the-air-we-breathe/" target="_blank" rel="noopener">750,000 motorcycles</a>, which are a major source of toxic gases like carbon monoxide and ozone. Introducing tax incentives for bikes and scooters similar to those for private cars could be a pivotal move. Also, at the moment there is no registration policy on electric two-wheelers, discouraging buyers.In October last year, Prime Minister KP Oli unveiled an <a href="https://www.nepalitimes.com/banner/20-electric-by-2020/" target="_blank" rel="noopener">electric mobility action plan</a>, proposed to transform at least 20% of the fleet of public vehicles into battery-operated ones by 2020. Amidst much fanfare he inaugurated the first five Chinese, BYD electric buses inducted by Sajha Yatayat. President Bidya Devi Bhandari herself has a BYD electric limousine.Last year, <a href="https://www.nepalitimes.com/here-now/mayoral-airs/" target="_blank" rel="noopener">Kathmandu Valley’s 18 mayors gathered for a workshop</a> organised by ICIMOD to discuss an air pollution reduction strategy. Since then, beyond lip service little has been done to establish electric public transport and make emission tests for fossil vehicles more effective.Local and provincial governments have shown an interest in providing financial support to develop electric public transport, but the plans are sketchy and ad hoc. A case in point is the confusing and conflicting proposals for electric bus rapid transit, monorail and light rail transit along the Ring Road. The proposals are restricted to speeches and slogans, but nothing concrete has been done.One reason is the high investment cost of electric public transport, which requires government to step in with subsidies.Over the years, revenue from the Petroleum Tax has grown to a whopping Rs5.2 billion. Some of this could be invested in a clean-energy electric transportation strategy.The Seoul-based Global Green Growth Institute (<a href="http://gggi.org/" target="_blank" rel="noopener">GGGI</a>) has been helping the central government with just such a strategy on electric mobility, and to find potential investors. General Director Frank Rijsberman was in Kathmandu last week to sign an agreement to implement e-mobility in Nepal. GGGI is keen to help Nepal with its first purchase of 300 electric buses for cities across Nepal.  (See interview below)“Operating an electric transport fleet is more complex, requires higher initial investment and more infrastructure than traditional buses, but in the longer-term, renewable energy sources are not only ecologically but also economically viable,” said Rijsberman. “We believe that it is not only the right thing to do but also the best way of growing in the 21st century. In the coming years we hope to see a breakthrough and electric buses on the streets of Kathmandu.”Electric vehicles are now a necessity, not just an environmental statement. Neighbouring India and China have committed to manufacturing only electric automobiles by the year 2030. This means Nepal will be forced to go electric since most vehicle imports are from those two countries.Said Bhushan Tuladhar of Sajha Yatayat: “Like it or not, Nepal will have to go all electric in about a decade. So we may as well start planning for it. That way, the transition will be much smoother, efficient and advantageous.”<h2>Investing in renewables</h2><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a36a29c7e80680e04831cjpeg.jpg" alt="" width="1400" height="799"><figcaption> </figcaption></figure>Frank Rijsberman of the Korea-based <a href="http://gggi.org/" target="_blank" rel="noopener">Global Green Growth Institute</a> was recently in town to sign an agreement with the government and Sajha Yatayat on electric mobility. Nepali Times asked him about the future of electric public transport globally and in Nepal.Nepali Times: Why is your Global Green Growth Institute so involved in electric mobility around the world?Frank Rijsberman: We are a young intergovernmental organisation set up in 2012 with 32 member countries and 20 more in the process of becoming members, like Nepal. We help governments plan green growth, a model of economic development that is both more environmentally sustainable and socially inclusive. In Nepal, we helped the government develop a national electric mobility strategy, and we have also helped members mobilise $1 billion in climate finance.We are also working to make cities greener by managing water, sanitation and solid waste. I met with Nepal’s minister of forests and environment and he asked us if we could start working on forests as our next priority. We have done similar work in Indonesia and Myanmar, and that is likely to be our next priority here.Do you see Asian countries moving towards renewable energy?It is challenging to switch from big investments in coal and nuclear energy, because all those investments have become stranded assets. China and India are making enormous progress in renewable energy. Many other Asian countries are a bit behind — Vietnam is still planning to build 25 new coal fire power plants. We are working with governments to introduce large-scale renewable energy sources. The private sector will invest only if the government has the right policy, so we work with governments for that.Read also: <a href="https://www.nepalitimes.com/here-now/from-playing-victim-to-proactive-leadership-on-climate/" target="_blank" rel="noopener">From playing victim to proactive leadership on climate</a>How can Nepal mitigate on carbon, while adapting to climate change?Adaptation is still very much the number one priority for Nepal but it must grow to middle-income status by 2030, without increasing emissions, by investing in renewable energy. This is now the cheapest form of energy and decentralised solar energy is a much easier way to reach remote communities that were very poorly served by a centralised grid.So I would call it adaptation with mitigation co-benefits. It may well be possible to trade those emissions with countries that should reduce more but cannot on their own. You can have mitigation measures too, but the first priority for countries like Nepal that rely on agriculture is to make sure that society is no longer vulnerable and is more resilient to climate change.Also, many governments still want growth. But the quality of growth really matters; it should be environmentally sustainable. It used to be the right thing to do, but being sustainable is also commercially attractive.What progress are other Asian countries making to become low-carbon economies?China has become a real leader in electric transport. Shenzhen is the first city in the world with an all-electric fleet of buses. Beijing has also taken big steps in curbing air pollution. India has also made considerable progress in renewable energy. The next big thing will be energy efficiency in buildings.What are the prospects for electric public transport in Nepal?We have done electric bus projects in a number of countries and while it is more expensive initially, and also for infrastructure like charging stations and batteries, its operational cost is much cheaper. We are helping the Nepal Government find interested investors, and hope to see a breakthrough in coming years with electric buses on the streets of Kathmandu.

Sonia Awale

Nepal’s electric transport future is here

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

While Nepal was hosting the Sagarmatha Sambaad international climate conference in Kathmandu this month, on Mt Everest it was pretty much business as usual.&nbsp; The signs of climate breakdown are all there: a river now runs through Base Camp in summer, the Khumbu Icefall is more unstable, and there are more &nbsp;frequent avalanches. When expeditions arrived in March, the mountains were bare: it had not snowed since September, but then blizzards dumped unseasonal snow in May. And despite climate worries, such is the pull of Himalayan mountaineering that the Everest Industry showed no signs of slowdown. More than 600 international climbers and their Nepali guides had made it to the summit of the world’s highest mountain. At one point there were an estimated 2,000 people in the tent city on the Khumbu Glacier. All the ropes and ladders on the Icefall came down on Thursday, marking the official end of the spring climbing season, and just in time to avoid a monsoon cyclone approaching from the Bay of Bengal. It has been an action-packed season. One factor could be that Everest fees will go up from September: each foreign climber needs to pay a $15,000 royalty, up from the present $11,000. The cost for a Nepali climber on the South Col route will also go up: from Rs75,000 to Rs150,000.&nbsp; The fee to climb Everest in autumn is $7,500 (up from $5,500), but most climbers still prefer spring. Winter permit fee (December-February) is only $3,750 per person and the mountain is now also open for monsoon (June-August) climbs, when the fee is ever lower at $2,750. The revised rule also makes it mandatory for every two climbers on an 8,000m peak to hire one Nepali mountain guide.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046.jpg" data-media-id="editor_0" data-image-id="2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046" data-rendition-name="original" width="931" height="732" loading="lazy" alt="The Everest Industry graph 1"> </figure>  In addition, climbers also have to pay for porters and guides, equipment, Base Camp costs, Ice Fall and fixed rope team fees, so climbing Everest does not come cheap. But such is the draw of climbing the world’s highest peak that some say the increased fees will not diminish the crowds next year. The government has tried to spread expeditions out to other seasons and other 8,000ers, but with not much success. Earlier this year, Nepal unilaterally increased the number of 8,000m peaks to 14 by adding six more sub-summits to broaden the choice for climbers. Added were: Yalung Kang (8,505m), Yalung Kang West (8,077m) &nbsp;Kangchenjunga Central (8,473m), Kangchenjunga South (8,476m), Lhotse Middle (8,410m) and Lhotse Shar (8,400m).&nbsp; The announcement could go against the accepted topographic criteria that a stand alone peak has to be at least 300m higher than an adjoining prominence, and at more than 3km isolation from it. The UIAA (Union Internationale des Associations d'Alpinisme) still recognises only 14 mountains as eight-thousanders, and only eight of those are in Nepal, or on the border with China. Nepal’s revised mountaineering regulations also increased the insurance coverage of high-altitude workers to protect porters and high altitude guides who usually take more risks on the mountains. Rescue teams and clean-up campaigners to collect trash and remove bodies of dead climbers up to Camp IV of Mt Everest do not need permits.&nbsp; The Sagarmatha Pollution Control Committee is now using drones to fly down trash in 20kg sacks. Each climber is also required to bring down at least 6kg of waste and not just their own, but this rule is erratically enforced. With five fatalities on Everest and Lhotse, Spring 2025 had a historically low death toll. Another five climbers died on Annapurna, Kangchenjunga and Makalu.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a.jpg" data-media-id="editor_1" data-image-id="2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a" data-rendition-name="original" width="665" height="740" loading="lazy" alt="The Everest industry graph 2"> </figure>  Journalist Ben Ayers who ran the Everest Live social media channel from Everest Base Camp with daily updates credited the low death rate to dramatic rescues of climbers from the ‘Death Zone’ by their Nepali guides and longline helievacs — the visuals all uploaded on YouTube.&nbsp; “Ironically, this perception of safety is bringing more and more inexperienced climbers to the mountain, and they need more rescues,” Ayers said in one of his dispatches.&nbsp; American expedition chronicler and summiteer Alan Arnette suspects there is a lot of under-reporting given that the jet stream and storms were lashing Everest even till late in the season. He told us: “I heard a lot about frostbite and rescues that were not made public. It’s become practically impossible to cover the details on Everest. All the teams report nice news, and they don’t talk about bad stuff to avoid hurting businesses.” Although trash on Nepal’s mountains makes headlines, what does not receive as much attention is the climate impact of so many expeditions. The Sagarmatha Sambaad conference sidestepped this issue, which is ironic given that the impact of climate breakdown is most evident on Himalayan peaks and their glaciers.&nbsp; <h2>Need for Speed</h2> The big stories this year have been about speed-running from their home cities to the top of Everest. Ukrainian entrepreneur Andrew Ushakov flew out of JFK on 15 May at 10:15AM Nepal time, and was on the summit 3 days, 23 hours, and 7 minutes later on 19 May at 9:22AM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885.jpg" data-media-id="editor_2" data-image-id="20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885" data-rendition-name="original" width="1440" height="1800" loading="lazy" alt="The Everest Industry"> <figcaption>Andrew Ushakov at the summt. Photo: ELITE EXPED</figcaption> </figure>  “I could never find the time for the traditional 40-50 days of acclimatisation,” Ushakov explained matter-of-factly. His ‘Everest Sea-to-Summit’ climb was possible because he spent 400 hours in hypoxic sleep tents over the past four years in New York. However, Ushakov did use ropes already fixed, hired four Nepali guides, helicoptered to Base Camp, and used much more oxygen than an average climber. And after the climb, Ushakov was arrested at Kathmandu airport for being in possession of $20,000 of undeclared cash and spent a night in jail and fined $60,000.&nbsp; The other speedsters were Garth Miller, Alastair Cairns, Anthony Stazicker, and Kev Godlington, all former British Army commandos. They left London and summited five days later on 21 May, and flew right back. They also used hypoxic tents to simulate the thin air high on Everest.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8.jpg" data-media-id="editor_3" data-image-id="20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8" data-rendition-name="original" width="810" height="668" loading="lazy" alt="The Everest Industry "> <figcaption>All four members of the Furtenbach team at the summit. Photo: Sandro Gromen-Hayes</figcaption> </figure>  But more controversial was their use of xenon gas therapy in a German hospital to ramp up the production of oxygen-carrying haemoglobins in their blood. Xenon is banned by the World Anti-Doping Agency for being performance enhancing in sports. Expedition leader Lukas Furtenbach said this rule does not apply to mountaineering, as it is not a regulated sport like swimming. Nepal has no rules about xenon, but the Department of Tourism said it was launching an ‘investigation’ to decide on future policy since it is difficult to ban xenon, but allow oxygen. The controversy has also divided the mountaineering community, with some climbers saying they just want to maximise their chances of survival. Spending less time on the mountain could make climbing safer by reducing avalanche risk. It would also mean less trash on the mountains, but it would reduce the income of Nepal’s expedition industry. It is also unclear how much of the success was due to xenon therapy and whether the ex-special forces were already in good physical shape.&nbsp; The need for speed hides the fact that climbing in the Himalaya is dangerous business, and climbers cannot sprint to the top just by huffing xenon. But ultra-fast climbs could be charged more, and the revenue generated can be used to establish state-of-the-art rescue operations, and increase pay and insurance for guides. Two other speed chasers this season were Swiss-Ecuadorian Karl Egloff and American Tyler Andrews, both on Everest without oxygen. Andrews choppered to Base Camp to catch a weather window, but turned back from 8,500m due to high winds. Heavy snow and wind also forced Egloff to descend from 7,000m. Slow and steady climbers like Anja Blacha from Germany did make it to the summit without oxygen, while Kami Rita Sherpa broke his own record with his 31st Everest summit as he led a 26-strong Indian Army group. There were 468 permits issued for foreign climbers from 48 expeditions to Everest this spring. Nepal’s other eight-thousanders together had only 17 expeditions. Nepal has more than 1,000 peaks above 6,000m, and has opened only 476 of them for climbing.&nbsp;

The Everest Industry

While Nepal marked <a href="https://nepalitimes.com/news/mt-everest-pvt-ltd">Mt Everest</a> Day on 29 May, on the other side of the planet in the US state of Colorado dozens of Nepalis who have climbed the world’s highest peak multiple times were busy working as chefs and Uber drivers. Among them is Nima Doma Sherpa, who climbed Mt Everest in 2019 after her husband Tshering Wangchu was among 16 crushed by an avalanche on <a href="https://nepalitimes.com/banner/on-thin-ice-in-the-khumbu">the Khumbu Icefall</a> five years earlier. A large serac broke off the West Shoulder of <a href="https://nepalitimes.com/news/the-everest-industry">Mt Everest </a>and fell directly on a group of <a href="https://nepalitimes.com/opinion/more-porters-sick-on-everest-trail">porters and guides</a> making their way up the Icefall at 5,800m. Their bodies were flown by helicopter to Khumjung where Tshering Wangchu was born. He was excited about climbing Mt Everest for the first time.&nbsp; In Khumjung, Nima Doma felt like her own life had also ended. This was the kind of news Sherpa wives, mothers and sisters dreaded every <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">mountaineering season</a>. She stayed home for more than two years grieving, but ultimately gathered up all her emotional strength to take care of her 6-year-old son and 3-year-old daughter. Nima had grown up in Khumjung hearing <a href="https://nepalitimes.com/review/stories-of-nepal-s-summiteers">tales of adventure on the mountains </a>from their father, Ang Chubi Sherpa who had climbed Everest in 1993. He used to bring her and her sisters and brother European chocolates after every expedition, and used to tell them that the chocolate bars grew on the mountains. “It was only after we got older did we realise that he told us that chocolates grew in the mountains so we would not worry about him putting himself in harm's way,” Nima Doma recalled with a faraway look at her home in Boulder this week. Nima went to the school that <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/commemorating-edmund-hillary-in-nepal,4145">Edmund Hillary</a> opened in Khumjung till Grade 8, and then dropped out to help in the kitchen and <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">tend yaks</a>. She was married off to Tshering Wangchu, who was also a high altitude guide. When Tshering went on expeditions, Nima also started working as a porter from Namche to Base Camp. It was perhaps her father’s tales of mountains of chocolates that had always attracted her to <a href="https://nepalitimes.com/here-now/knowing-our-mountains-43v4iyvo">the peaks</a>. After her husband was killed ten years ago this month, being a widow with children was not easy for Nima Doma. But she was not alone: there were at least 200 single mothers in <a href="https://nepalitimes.com/here-now/khumbu-since-1950-jaww4qn0">the Khumbu</a>, and 20 of them just in Khumjung whose husbands had been killed in <a href="https://archive.nepalitimes.com/article/nation/tragic-start-to-himalayan-spring-nepal,3695">mountaineering accidents</a>. Some were not even 20 years old, and had children growing up without fathers. But there were also women in the 50s whose husbands had been killed in the 1980s. Nima found sponsors for her children’s education, and moved to Kathmandu. In the capital, Sherpa widows used to meet to help each other. Some of them had joined the Nepal Mountaineering Association (NMA) training for rock and ice climbing. “I decided that it was no use sitting home and crying anymore, after meeting other single mothers I felt less alone,” remembers Nima, who joined the Juniper Foundation and enrolled in an NMA training camp in Manang. There she climbed Chulu East (6,584m) and met Furadiki Sherpa, whose rope-fixing husband had also been <a href="https://nepalitimes.com/news/on-mt-everest-s-70th-records-and-fatalities">killed on Everest</a> in 2013. They set themselves the goal of climbing Everest one day, and started a fund-raising drive.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a.png" data-media-id="editor_12" data-image-id="20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a" data-rendition-name="original" width="2678" height="1274" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  “We decided we had to overcome society’s stigma of <a href="https://archive.nepalitimes.com/article/nation/widows-personal-happiness-comes-last-in-face-of-social-financial-hardships,1855">widowhood</a> and prove that <a href="https://nepalitimes.com/here-now/remembering-junko-tabei">women could also climb mountains</a>,” Nima said, adding that she was inspired by Nepal’s first woman Everest summiteer Pasang Lhamu Sherpa, who died during her descent in 1993. Nima Doma and Furdiki climbed the technically-difficult Ama Dablam (6,812m) and then arrived at Everest Base Camp in April 2019 as part of their Two Widows Expedition with the motto, ‘So Can We’. While climbing up the Icefall Nima passed the spot where her husband had been killed. It was a jumble of constantly-shifting ice blocks bigger than houses. She closed her eyes and said a prayer. “I remember thinking, this is so difficult and dangerous. This is what my husband had to do to support our family,” Nima Doma said. “I was determined to fulfil my husband’s dream of climbing Chomolungma, and to prove to ourselves that we two women could do it.” It was 23 May 2019 when <a href="https://www.reuters.com/article/world/two-sherpa-widows-scale-everest-and-smash-stigma-idUSKCN1SU0MV/" target="_blank">Nima and Furdiki stepped on the summit</a> and looked over into Tibet, and down at Tengboche Monastery to the south.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b.png" data-media-id="editor_16" data-image-id="20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b" data-rendition-name="original" width="2700" height="1522" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  Nima Doma hugged Furdiki, took off her mask and wept. But for the first time in five years, it was not from grief but relief — relief for being free of all the sadness and sacrifices and for fulfilling her husband’s dream. They had found <a href="https://nepalitimes.com/here-now/life-after-death">life after death</a>. “I felt this immense joy to be on top of the world, it was indescribable,” Nima Doma said, “I have wept only twice in my life. Once when my husband died, and once there on top of Everest.” The tears had frozen on Nima Doma’s cheeks, as she and Furdiki headed back down the mountain.

Everest summiteers find new life in the US

At the edge of the dense forest overlooking Bhaktapur, the sound of chirping birds and the wind rustling through the trees have been replaced by the growl of dozens of bulldozers. This Kakrabari Community Forest behind Suryabinayak shrine was c<a href="https://nepalitimes.com/banner/reviving-nepals-community-forestry-success-story">arefully protected and managed </a>by the local Tamang community for centuries. Today, heavy earthmovers claw noisily at the slope, opening it up like a big red wound. With little land left in the densely populated city, developers are venturing further afield to the valley’s rim and forcibly taking over forests that <a href="https://nepalitimes.com/news/the-unsung-heroes-of-conservation">local communities </a>have depended on for fodder, firewood and to protect their watershed.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_acd2eb20a4839a83f3a15b4c8587dbf82c5b96534f2184043edeaf0f5165145f.jpg" data-media-id="editor_2" data-image-id="20250530180528_acd2eb20a4839a83f3a15b4c8587dbf82c5b96534f2184043edeaf0f5165145f" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  This project of Nic Vujicic Housing Company in Suryabinayak’s Kakrabari Bhanjyang is just the latest and most blatant example of <a href="https://nepalitimes.com/banner/who-now-owns-nepals-forests">encroachment of forests </a>by real estate developers in collusion with local government officials. “One day, they just came and bulldozed my house,” says Shanta Lama of Ghising Danda, whose family has been living in a tent since March. “Company workers gathered my belongings, deposited them in this tent and demolished my house.” Unlike some of her neighbours, Lama refused to give up her home, but stood no chance against the heavy machines and strongmen mobilised by the company.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_ff88453001e3dc521406bda7b6cb06b9e5b70d6821e67251b92257e60e72232a.jpg" data-media-id="editor_4" data-image-id="20250530180528_ff88453001e3dc521406bda7b6cb06b9e5b70d6821e67251b92257e60e72232a" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Shanta Lama of Ghising Danda whose house was bulldozed last month. She and her family are now living in makeshift huts nearby.</figcaption> </figure>  Adds Shanta: “I have not signed any document of agreement, the company keeps telling me that they will settle the paperwork later.” Her neighbour Bal Bahadur Tamang, says a<a href="https://nepalitimes.com/news/ordinary-nepalis-extraordinary-sacrifice"> bulldozer razed his house</a> while he was out grazing goats in the forest. He recalls: “My wife shouted to the neighbours for help, but no one heard her.” &nbsp; The company used strongarm tactics to try to force Bal Bahadur to sign away his small plot at the edge of the forest that the housing company needed. The family refused, so the property was simply taken over. “Many families have been forcibly evicted from their homes and moved elsewhere to make way for the new housing colony,” says Bal Bahadur. But such is the fear of the young vigilantes employed by the company, that they are afraid to speak out.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_b7d1a94af95a0b17703f61397d65fe879c4c9b3b02681706b9104114a5c4e5cd.jpg" data-media-id="editor_6" data-image-id="20250530180528_b7d1a94af95a0b17703f61397d65fe879c4c9b3b02681706b9104114a5c4e5cd" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Many families this one have been forcibly evicted, and do not want to speak openly because of the fear of vigilantes. </figcaption> </figure>  But there appears to be a generational divide among the local community in Ghising Danda. Many <a href="https://nepalitimes.com/banner/no-country-for-young-men">young men have migrated</a> to the city or abroad, but those that remain have been promised jobs and a piece of land by the company, and support the project.&nbsp; For centuries, Suryabinayak communities have tended to the land, and the land has tended to them. The protected trees provide them with livelihood,<a href="https://nepalitimes.com/here-now/multipronged-response-to-nepal-s-multi-hazards"> prevent landslides</a> on the slopes above and recharge ground water so the springs do not go dry. But this historic connection was severed in January when the excavators arrived to chop down trees and dig up the hill, razing 1.1 hectares of the community forest and surrounding settlements.&nbsp; Much of the forest is now gone, and recent rains have washed the red mud down the mountain like a bleeding gash. On a recent visit excavators were levelling the slope.&nbsp; Nic Vujicic Housing is owned by Purna Bahadur Limbu, Prabin Kusma and Dillidhwaj Baraili. It had parcelled 14.6 hectares in the neighbouring Palanse village three years ago, and was even awarded by the municipality for the project.&nbsp; Now, the company is clearing 27 hectares of private property and community forest in Ghising Danda without a planning permit either from the municipality or the Kathmandu Valley Development Authority (KVDA).&nbsp; In fact, its application has been pending at the Authority since last October. The company has dangled a lollipop by promising 21 out of the 451 private plots to the government.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_08bcc863a21fd35364086877e1f8152d6c470b5fcd4fd650c555577a824c77c6.jpg" data-media-id="editor_9" data-image-id="20250530180528_08bcc863a21fd35364086877e1f8152d6c470b5fcd4fd650c555577a824c77c6" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  Nepal’s 2015 Basic Standards for the Development of Settlements, and Urban Planning and Building Construction by-laws stipulate that land transactions, <a href="https://nepalitimes.com/here-now/nepali-building-bridges-in-tasmania">construction projects</a>, and housing development via land consolidation require approval from either the KVDA or local government.&nbsp; Projects involving land up to 0.1 hectares require permission from the local level, and those of up to 2.5 hectares require approval from the district authorities, and plans exceeding that area need a permit from the KVDA.&nbsp; Nic Vujicic Housing’s director Dillidhwaj Baraili, is a member of the Federation of Nepalese Industries and Entrepreneurs (FENIE), and close to the ruling UML party.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_2016ffcd828fda3535798e7534067519e9c346e64371866c9a61c571ce70b1b4.jpg" data-media-id="editor_11" data-image-id="20250530180528_2016ffcd828fda3535798e7534067519e9c346e64371866c9a61c571ce70b1b4" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  While the company did consult with locals, conduct an EIA, tested soil quality, and conducted a hydrological study of the area, these were perfunctory and incomplete for a proper permit application. The approval of<a href="https://nepalitimes.com/editorial/mind-the-gap-6liiyw5w"> private landowners </a>and the municipality as well as project details were missing.&nbsp; The company had excavated half of Ghising Danda without permission when the local community started raising questions. Only then did it seek permission from the ward, which directed it to apply for a planning permit from the Suryabinayak Municipality.&nbsp; “We are yet to verify whether all the documents submitted by the company are in order, which is why the application is still pending,” Rajendra Prasad Nepal, the municipality’s information officer, told Nepali Times.&nbsp; But the lack of a permit does not seem to deter company director Dillidhwaj Baraili, who uses convoluted semantics to justify using excavators on private and community land. &nbsp; “It is the <a href="https://nepalitimes.com/here-now/kathmandu-s-unreal-real-estate-prices">plotting of the land</a> that requires approval from the KVDA, we do not need permission from local authorities to operate heavy machinery on the project site,” Baraili told us. However, Ward 9 Chair Bhagwan Khatri says no such permission to use excavators and bulldozers have been given without first obtaining a planning permit. “The housing project is illegal because it has moved forward without a planning permit,” says KVDA’s District Commissioner for Bhaktapur, Safal Shrestha. When the bulldozers started felling trees in the community forest in March, a joint task force of four local guthi put up a resistance, and demanded that the housing company ensure that there would be no mudslide danger downslope <a href="https://nepalitimes.com/here-now/before-the-next-monsoon">during the monsoon</a>.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250531030528_44bd6a61a1c81d07ee19e790a51929a9fd13c1db2da7ede2b7ef4d99b8c6c32a.jpg" data-media-id="editor_15" data-image-id="20250531030528_44bd6a61a1c81d07ee19e790a51929a9fd13c1db2da7ede2b7ef4d99b8c6c32a" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Dozens of heavy earthmovers were at work at this site one morning earlier this month. With an early monsoon, residents fear mud slides.</figcaption> </figure>  It also wanted the company to make sure the flow of <a href="https://nepalitimes.com/review/the-heat-beneath-our-feet">water in springs</a> were not affected, and to set up a boundary along the community forest to prevent further encroachment. It also demanded compensation to displaced homeowners.&nbsp; But Nic Vujicic Housing paid no heed, and sent in excavators. Last month, the Kakrabari Community Forest Users Struggle Committee wrote to the Bhaktapur District Administration Office, Suryabinayak Municipality, and the Division forest Office to halt the project. In response, the housing company put out a press release accusing residents of spreading rumours, but the statement presented contradicting information about the status of its planning permit at various levels of the government. &nbsp; It has taken a month for the local government to even send an inspection team to the site. But the team concluded that the forest had been encroached upon and asked the housing company to halt its activities immediately.&nbsp; The company refused to comply, and on 9 May the Police was sent to shut down the project. Baraili maintains the forest was levelled with the consent of all four Guthi as well as Ram Krishna Tamang of the Kakrabari Community Forest User group. Tamang told us he has given no such go-ahead.&nbsp; “How could we have permitted the operation of construction machinery in the <a href="https://nepalitimes.com/banner/safeguarding-the-soul-of-sal">community forest </a>when the Nepal government itself does not allow the destruction of public property?” adds Tamang. Because of the controversy, the company is now trying to use a carrot and stick approach by placating the local community, while also intimidating those who speak out. “Even though we had obtained permission, perhaps we should have not started using our heavy machinery yet,” Baraili admitted. However, the company is trying to silence dissenters in the community with threats. The company has deployed local youth who have been promised jobs to convince and cajole outspoken community members in Ghising Danda. &nbsp; One of them is Chewang Tamang, who says jobs are more important, and lashes out at locals for being “anti-development”. He says: “There is no point sitting around complaining that a few trees have been cut. The only people who are opposed to this project are those who do not want this place to develop.” &nbsp; <div class="embed-block"><div><div style="left: 0; width: 100%; height: 0; position: relative; padding-bottom: 56.25%;"><iframe src="https://cdn.iframe.ly/api/iframe?url=https%3A%2F%2Fwww.youtube.com%2Fembed%2F6TRxyQjbo50%3Fsi%3DjMRyrgfB9tTX8pP8&key=87ca3314a9fa775b5c3a7726100694b0" style="top: 0; left: 0; width: 100%; height: 100%; position: absolute; border: 0;" allowfullscreen scrolling="no" allow="accelerometer *; clipboard-write *; encrypted-media *; gyroscope *; picture-in-picture *; web-share *;"></iframe></div></div></div>

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