<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.

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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.

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86329c7e80680e067839jpeg.jpg" alt=""/><figcaption>All photos: AMIT MACHAMASI</figcaption></figure>An alliance of five political parties and factions opposed to Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">dissolution of the House and call for early elections </a>have approached the Supreme Court with a writ petition to have the move overturned. The five who went to the Supreme Court on Monday included the Nepali Congress (NC), Maoist Centre (MC), the Yadav-Bhattarai faction of the Janata Samajbadi Party (JSP) and dissidents from Oli’s own UML, as well as the 146 signatories.PM Oli's UML immediately evicted 11 rebel members including Madhav Kumar Nepal, Jhalnath Khanal and Bhim Rawal from the party, and asked 12 others for a clarification within 24 hours. The writ petition asks the Court to rule that since Sher Bahadur Deuba of the NC had <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/">staked his claim</a> to form the new government with a majority in Parliament, he should be appointed prime minister. It also asks that since the House dissolution was un-constitutional, it should be reinstated. All signatories from the five groups were present at the Court to register the petition, led by Deuba, MC Chair Pushpa Kamal Dahal, UML’s Madhav Kumar Nepal and JSP’s Upendra Yadav, and Durga Poudel of the Janmorcha. However, only 23 of the 26 who were originally with the Nepal faction signed. <img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86359c7e80680e06783ajpeg.jpg" alt="">Meanwhile, the main JSP led by Mahanta Thakur and Rajendra Mahato has decided to join K P Oli’s election government after being assured of seven ministerial portfolios. The party took the decision after the Cabinet got President Bhandari’s seal of approval on an ordinance passing a bill that would grant citizenship by descent to children of Nepali parents — a long-standing demand of the Mahdesi community.Although Oli and his party had vehemently opposed the bill last year, saying that it would allow Indians to marry Nepalis and for their children to be citizens, it appears that he has agreed to it now to save his government. The other JSP demand for the release of MP Resham Chaudhary, who has been detained for the massacre of policemen Tikapur in August 2015, has not yet been met.The latest political crisis in Nepal in the middle of a raging Covid-19 second wave started when President Bidya Devi Bhandari gave parties in Parliament 21 hours on Wednesday to stake their claim to form the next government because Prime Minister Oli said he could not get majority support from MPs.  <img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86389c7e80680e06783bjpeg.jpg" alt=""><img width="640" height="427" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b863a9c7e80680e06783cjpeg.jpg" alt=""><img width="960" height="641" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b863c9c7e80680e06783djpeg.jpg" alt=""><img width="750" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86409c7e80680e06783ejpeg.jpg" alt=""><img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86429c7e80680e06783fjpeg.jpg" alt="">However, after the NC, MC and the JSP and UML factions collected 149 signatures, Oli rushed to Shital Niwas to put forward support of all members of his UMl and the JSP, even the ones who had sides with the opposition coalition. This was seen by many as a violation of the constitution.President Bhandari on Saturday 2AM dissolved Parliament and called fresh elections in November, because she said neither side had fulfilled the requirement to form a new government.In the past two days, the prime minister and president have come under blistering attack from not just the opposition, but a cross section of civil society and media commentators. The student wing of the NC has been staging small protests in the capital despite the lockdown, burning Prime Minister Oli and President Bhandari in effigy.  <figure><img width="960" height="637" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86449c7e80680e067840jpeg.jpg" alt=""><figcaption>A student group trying to burn the prime minister and president in effigy were apprehended by police on Sunday. Photo: Amit Machamasi</figcaption></figure>Nepali Times discussed recent political developments with Nepal’s politicians. <img width="113" height="164" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86479c7e80680e067841jpeg.jpg" alt=""><h2>"There was no choice but to dissolve parliament" Niru Pal, CPN (UML)</h2> PM Oli was not able to get a vote of confidence per article 76 (4) of the constitution, and as such, Parliament was not able to come up with a solution. The opposition had been setting up constant roadblocks against PM Oli, all the while failing to establish a majority to form a government. Consequently, a government could not be formed as per Article 76 (5) of the Constitution either. We got word that MPs from our party had signed in favour of Sher Bahadur Deuba to become prime minister as if this were an independent political system. However, 11 of them have issued a statement alleging misuse of signatures. Therefore the government had no choice but to dissolve Parliament.I find some absurd and unnecessary criticism of PM Oli. Those critics are also well aware that the President is not an executive, and had no grounds to block the recommendation of the caretaker Prime Minister. The President would have made the same decision even if it were Sher Bahadur Deuba in PM Oli’s position. She has decided based on the spirit of the constitution. <h2>"An Oli-led election will self-destruct" Ganesh Shah, Maoist Centre</h2> PM Oli’s loyalists and his opponents have become polarised. The opposition was unable to take unified and effective action against PM Oli’s unconstitutional move, which is the result of his ambition and arrogance. The first parliament dissolution was a blow to our Constitution, but this dissolution might be its death knell.  <img width="172" height="248" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86489c7e80680e067842jpeg.jpg" alt="">Civil society and the backers of the Constitution and democracy must fight against this political regression with a unified front. The legal process will not be enough — Parliament must be re-established through political initiative. The chances of an election taking place are slim. Moreover, an election under Oli’s leadership will be self-destructive. Any election at this point must be held only after a re-instated Parliament elects a new Prime Minister. <img width="170" height="246" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86499c7e80680e067843jpeg.jpg" alt=""><h2>"The PM always wanted to dissolve parliament" Rachana Khadka, CPN (UML)</h2> PM Oli always wanted to dissolve parliaments and he did — twice.  Even after the Supreme Court reinstated the lower House in January, all of his recent political moves showed he was going to do it again. The decision to dissolve a Parliament in which he once held a majority is ironic. It goes against the spirit of the Constitution.Moreover, the legitimacy of the President’s office has also come into question. We have a system of checks and balances to ensure that our political institutions hold one another accountable if mistakes are made. As such, the office of the President does not exist to do the prime minister’s bidding.Hundreds of Nepalis are dying due to Covid-19 every day. The primary focus at this time should have been to save lives. Dissolving the parliament at a time like this is like dancing over the pyres of Nepalis. The state elections in India contributed to the spread of the virus over there. We should have learned our lesson from our neighbours. <h2>"Parliament dissolution is constitutional" Ashok Vyanju, President, Municipal Association</h2> This is the result of the inability of a democratically elected institution to facilitate nation-building, inter-political coordination and balance. The dissolution of Parliament and announcement of elections came after it was not possible to form a government constitutionally. The decision is therefore absolutely constitutional. The election will  make it possible to pursue a fresh mandate after our political problems are resolved. <img width="149" height="215" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864a9c7e80680e067844jpeg.jpg" alt="">Some have wrongly questioned the possibility of an election during a pandemic. India, South Korea, Japan, and other countries successfully conducted elections in the middle of the pandemic. We must be able to combat the virus and resolve our political problems simultaneously. <img width="176" height="250" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864b9c7e80680e067845jpeg.jpg" alt=""><h2>"Legal and political measures must be followed" Dila Sangroula, Nepali Congress</h2> The incumbent Prime Minister had to take a vote of confidence within 30 days or resign as per article 76 (3) of the constitution. Even then, the NC, MC, and JSP coalition along with the Nepal faction of the UML had collected 149 signatures to form a new government following the president’s directive.However, the signatures to appoint Sher Bahadur Deuba the Prime Minister were considered illegitimate. The subsequent decision to dissolve parliament at midnight was unconstitutional, undemocratic and reactionary. Legal and political countermeasures must be pursued to undo it.The announcement of mid-term elections during a pandemic, when Nepalis are dying due to a scarcity of oxygen and ventilators, is nothing but a political drama staged by Oli in an attempt to hold on to power.  Why are we enabling this instead of trying to save lives? <h2>"A free and fair election must be ensured" Mohan Shrestha, RPP</h2> The two major Communist parties failed to deliver on the promises made when they were elected into government. NC and RPP are not to blame for their failure. As such, it is better to go to the polls than to continue like this. All of our political parties should establish an understanding as we move forward, and a free and fair election must be ensured. <img width="117" height="168" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864c9c7e80680e067846jpeg.jpg" alt="">We are in favour of the election, and an official statement from the RPP will come soon. However, we have no involvement in the polarised politics on both sides, and will not participate in any anti-Oil protests. West Bengal and the United States conducted elections during the pandemic. We must follow all safety protocols pertaining to the pandemic and do the same.  <img width="318" height="376" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864d9c7e80680e067847jpeg.jpg" alt=""><h2>"We must form a new party" Asta Laxmi Shakya, CPN (UML)</h2> After the Supreme Court overturned the NCPO, we came back to UML. But (PM Oli) did not give us any importance. He is still ignoring us. We cannot rely on Oli, we have to forge a new path. We have to form a new party, and not prolong this uncertainty.

Political ball now in Nepal’s Supreme Court

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee429c7e80680e09ae16jpeg.jpg" alt=""/><figcaption>All photos: AMIT MACHAMASI</figcaption></figure>An alliance of five political parties and factions opposed to Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">dissolution of the House and call for early elections </a>have approached the Supreme Court with a writ petition to have the move overturned. The five who went to the Supreme Court on Monday included the Nepali Congress (NC), Maoist Centre (MC), the Yadav-Bhattarai faction of the Janata Samajbadi Party (JSP) and dissidents from Oli’s own UML, as well as the 146 signatories.PM Oli's UML immediately evicted 11 rebel members including Madhav Kumar Nepal, Jhalnath Khanal and Bhim Rawal from the party, and asked 12 others for a clarification within 24 hours. The writ petition asks the Court to rule that since Sher Bahadur Deuba of the NC had <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/">staked his claim</a> to form the new government with a majority in Parliament, he should be appointed prime minister. It also asks that since the House dissolution was un-constitutional, it should be reinstated. All signatories from the five groups were present at the Court to register the petition, led by Deuba, MC Chair Pushpa Kamal Dahal, UML’s Madhav Kumar Nepal and JSP’s Upendra Yadav, and Durga Poudel of the Janmorcha. However, only 23 of the 26 who were originally with the Nepal faction signed. <img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee449c7e80680e09ae17jpeg.jpg" alt="">Meanwhile, the main JSP led by Mahanta Thakur and Rajendra Mahato has decided to join K P Oli’s election government after being assured of seven ministerial portfolios. The party took the decision after the Cabinet got President Bhandari’s seal of approval on an ordinance passing a bill that would grant citizenship by descent to children of Nepali parents — a long-standing demand of the Mahdesi community.Although Oli and his party had vehemently opposed the bill last year, saying that it would allow Indians to marry Nepalis and for their children to be citizens, it appears that he has agreed to it now to save his government. The other JSP demand for the release of MP Resham Chaudhary, who has been detained for the massacre of policemen Tikapur in August 2015, has not yet been met.The latest political crisis in Nepal in the middle of a raging Covid-19 second wave started when President Bidya Devi Bhandari gave parties in Parliament 21 hours on Wednesday to stake their claim to form the next government because Prime Minister Oli said he could not get majority support from MPs.  <img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee469c7e80680e09ae18jpeg.jpg" alt=""><img width="640" height="427" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee489c7e80680e09ae19jpeg.jpg" alt=""><img width="960" height="641" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4a9c7e80680e09ae1ajpeg.jpg" alt=""><img width="750" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4c9c7e80680e09ae1bjpeg.jpg" alt=""><img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4f9c7e80680e09ae1cjpeg.jpg" alt="">However, after the NC, MC and the JSP and UML factions collected 149 signatures, Oli rushed to Shital Niwas to put forward support of all members of his UMl and the JSP, even the ones who had sides with the opposition coalition. This was seen by many as a violation of the constitution.President Bhandari on Saturday 2AM dissolved Parliament and called fresh elections in November, because she said neither side had fulfilled the requirement to form a new government.In the past two days, the prime minister and president have come under blistering attack from not just the opposition, but a cross section of civil society and media commentators. The student wing of the NC has been staging small protests in the capital despite the lockdown, burning Prime Minister Oli and President Bhandari in effigy.  <figure><img width="960" height="637" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee519c7e80680e09ae1djpeg.jpg" alt=""><figcaption>A student group trying to burn the prime minister and president in effigy were apprehended by police on Sunday. Photo: Amit Machamasi</figcaption></figure>Nepali Times discussed recent political developments with Nepal’s politicians. <img width="113" height="164" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee549c7e80680e09ae1ejpeg.jpg" alt=""><h2>"There was no choice but to dissolve parliament" Niru Pal, CPN (UML)</h2> PM Oli was not able to get a vote of confidence per article 76 (4) of the constitution, and as such, Parliament was not able to come up with a solution. The opposition had been setting up constant roadblocks against PM Oli, all the while failing to establish a majority to form a government. Consequently, a government could not be formed as per Article 76 (5) of the Constitution either. We got word that MPs from our party had signed in favour of Sher Bahadur Deuba to become prime minister as if this were an independent political system. However, 11 of them have issued a statement alleging misuse of signatures. Therefore the government had no choice but to dissolve Parliament.I find some absurd and unnecessary criticism of PM Oli. Those critics are also well aware that the President is not an executive, and had no grounds to block the recommendation of the caretaker Prime Minister. The President would have made the same decision even if it were Sher Bahadur Deuba in PM Oli’s position. She has decided based on the spirit of the constitution. <h2>"An Oli-led election will self-destruct" Ganesh Shah, Maoist Centre</h2> PM Oli’s loyalists and his opponents have become polarised. The opposition was unable to take unified and effective action against PM Oli’s unconstitutional move, which is the result of his ambition and arrogance. The first parliament dissolution was a blow to our Constitution, but this dissolution might be its death knell.  <img width="172" height="248" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee559c7e80680e09ae1fjpeg.jpg" alt="">Civil society and the backers of the Constitution and democracy must fight against this political regression with a unified front. The legal process will not be enough — Parliament must be re-established through political initiative. The chances of an election taking place are slim. Moreover, an election under Oli’s leadership will be self-destructive. Any election at this point must be held only after a re-instated Parliament elects a new Prime Minister. <img width="170" height="246" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee569c7e80680e09ae20jpeg.jpg" alt=""><h2>"The PM always wanted to dissolve parliament" Rachana Khadka, CPN (UML)</h2> PM Oli always wanted to dissolve parliaments and he did — twice.  Even after the Supreme Court reinstated the lower House in January, all of his recent political moves showed he was going to do it again. The decision to dissolve a Parliament in which he once held a majority is ironic. It goes against the spirit of the Constitution.Moreover, the legitimacy of the President’s office has also come into question. We have a system of checks and balances to ensure that our political institutions hold one another accountable if mistakes are made. As such, the office of the President does not exist to do the prime minister’s bidding.Hundreds of Nepalis are dying due to Covid-19 every day. The primary focus at this time should have been to save lives. Dissolving the parliament at a time like this is like dancing over the pyres of Nepalis. The state elections in India contributed to the spread of the virus over there. We should have learned our lesson from our neighbours. <h2>"Parliament dissolution is constitutional" Ashok Vyanju, President, Municipal Association</h2> This is the result of the inability of a democratically elected institution to facilitate nation-building, inter-political coordination and balance. The dissolution of Parliament and announcement of elections came after it was not possible to form a government constitutionally. The decision is therefore absolutely constitutional. The election will  make it possible to pursue a fresh mandate after our political problems are resolved. <img width="149" height="215" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee579c7e80680e09ae21jpeg.jpg" alt="">Some have wrongly questioned the possibility of an election during a pandemic. India, South Korea, Japan, and other countries successfully conducted elections in the middle of the pandemic. We must be able to combat the virus and resolve our political problems simultaneously. <img width="176" height="250" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee589c7e80680e09ae22jpeg.jpg" alt=""><h2>"Legal and political measures must be followed" Dila Sangroula, Nepali Congress</h2> The incumbent Prime Minister had to take a vote of confidence within 30 days or resign as per article 76 (3) of the constitution. Even then, the NC, MC, and JSP coalition along with the Nepal faction of the UML had collected 149 signatures to form a new government following the president’s directive.However, the signatures to appoint Sher Bahadur Deuba the Prime Minister were considered illegitimate. The subsequent decision to dissolve parliament at midnight was unconstitutional, undemocratic and reactionary. Legal and political countermeasures must be pursued to undo it.The announcement of mid-term elections during a pandemic, when Nepalis are dying due to a scarcity of oxygen and ventilators, is nothing but a political drama staged by Oli in an attempt to hold on to power.  Why are we enabling this instead of trying to save lives? <h2>"A free and fair election must be ensured" Mohan Shrestha, RPP</h2> The two major Communist parties failed to deliver on the promises made when they were elected into government. NC and RPP are not to blame for their failure. As such, it is better to go to the polls than to continue like this. All of our political parties should establish an understanding as we move forward, and a free and fair election must be ensured. <img width="117" height="168" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee599c7e80680e09ae23jpeg.jpg" alt="">We are in favour of the election, and an official statement from the RPP will come soon. However, we have no involvement in the polarised politics on both sides, and will not participate in any anti-Oil protests. West Bengal and the United States conducted elections during the pandemic. We must follow all safety protocols pertaining to the pandemic and do the same.  <img width="318" height="376" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee5a9c7e80680e09ae24jpeg.jpg" alt=""><h2>"We must form a new party" Asta Laxmi Shakya, CPN (UML)</h2> After the Supreme Court overturned the NCPO, we came back to UML. But (PM Oli) did not give us any importance. He is still ignoring us. We cannot rely on Oli, we have to forge a new path. We have to form a new party, and not prolong this uncertainty.

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011114/636ccd739c7e80680e08bc7ejpeg.jpg" alt=""/><figcaption>Photo: AMIT MACHAMASI</figcaption></figure>Nepal’s Supreme Court on 23 February <a href="https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/" target="_blank" rel="noopener noreferrer">reinstated the House of Representatives</a> and <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">ordered Parliament to convene</a> within 13 days. The President, on the recommendation of Prime Minister KP Oli, will now decide when and how within the next 10 days Parliament will come into session. In the UK, any government that <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolves the House of Representatives </a>becomes a caretaker government, and as such, the prime minister in such a circumstance is deemed  to have resigned. However, the right to dissolve the House of Representatives is no longer constitutional either in the UK or in Nepal. The steps that President Bhandari takes in the upcoming days will depend on whether she considers PM Oli a caretaker prime minister or the preceding prime minister. If it is the former, the president, as per the provisions of Article 76 of the Constitution, must immediately begin the process of forming a new government by appointing a new Prime Minister in consultation with the leaders of all parliamentary parties in the House. During this process, the caretaker Prime Minister, like the leaders of other parliamentary parties, is entitled to form a new government as the leader of their party.If, however, the president considers KP Oli a preceding prime minister, she may direct him to take a vote of confidence in the House of Representatives under Article 100 of the Constitution, which provides that the prime minister may table a motion at any time, if he deems it necessary or appropriate, to make it clear that he has the trust of the House.If the president agrees, the prime minister can continue the government with a vote of confidence in the House. Article 76 will only apply if the prime minister fails to obtain a vote of confidence.If the prime minister chooses not to follow either of those paths, Article 100 (4) of the Constitution allows one-fourth of the members of the House of Representatives who are present in Parliament to table a motion of no-confidence in writing.<a href="https://www.nepalitimes.com/latest/calm-before-another-storm-in-nepal/">Calm before another storm in Nepal</a>, Nepali TimesHowever, the process might be politically challenging as the motion must include the name of the next proposed prime minister. If the no-confidence motion is passed by a majority in the House of Representatives, the Prime Minister will be relieved of his post.In this political climate where the ruling NCP is <a href="https://www.nepalitimes.com/banner/dahal-nepal-hold-anti-oli-rally/" target="_blank" rel="noopener noreferrer">bitterly divided</a>, the Dahal-Nepal faction is demanding that Oli resign on moral grounds. The Election Commission has also not decided which faction of the NCP is the main party and which is the breakaway faction, while PM Oli maintains that he is the party chairman until the NCP general convention. As such, no party in the House of Representatives is in a position to form a unanimous government, and the next prime minister will have to form a coalition with two or more parties.It remains to be seen how much support Pushpa Kamal Dahal will get from his co-chair Madhav Kumar Nepal or Jhala Nath Khanal in his bid to become prime minister. Even with their support, chances of him forming a coalition government are unlikely if the Nepali Congress (NC), the second-largest majority in the House of Representatives, refuses to participate in the process.If NC President Sher Bahadur Deuba is to take the lead in forming a coalition government, then the Dahal-Nepal faction will need to justify its opposition to Prime Minister Oli on other grounds.The NC itself is in a dilemma over which faction of the NCP it should support. If the NC chooses to support the Oli faction, it could move towards forming a coalition with the current government. And even if it becomes part of a coalition government, the NC might not consider the premiership to be the endgame and choose instead to focus on the election. There are other strategies in which the NC might decide not to join the Oli-led coalition but to support his government from the outside, or choose to form a government led by Sher Bahadur Deuba while seeking support from the Oli faction. The challenge for the NC now is to decide what is constitutionally sound while being in the party’s best interests long-term.At this point, unity within the NCP leadership is unrealistic, and either faction will require a 40% agreement from the Central Committee and the Parliamentary Party should Oli or Dahal choose to register a new party.The only way to avoid a period of political turmoil is the unlikely scenario that ageing leaders in both factions realize that such instability is not in the national interest and hand over the reins to a new generation of young leaders.                   Bipin Adhikari, PhD, is an expert on constitutional law. <img width="82" height="109" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011114/636ccd769c7e80680e08bc7fjpeg.jpg" alt="">Read also: <a href="https://www.nepalitimes.com/editorial/house-of-cards/">House of cards</a>, Editorial

Legal path to new Nepal government

We often see ourselves reflected in the other. For someone who grew up in Kathmandu Valley in the eighties and nineties, this maxim comes alive with an even greater force. Nepal’s media ecosystem was dismal, the school curriculum was narrow and did not provide opportunities for creative expression. Perhaps that is why I became obsessed with MTV videos and Bollywood films. I saw my developing self reflected in these story-lines and razzmatazz. When the media and education system do not engage the public and reflect myriad interests, aspirations and lifestyles of the population, citizens get detached and disconnected from their roots. I left for America for further studies, and was somewhat determined to never return to Nepal. It was a country full of potholes and black-outs. But foreigners have been fascinated with our country for decades. In the early 19th century, Francis Buchanan-Hamilton led a pioneering expedition and documented more than a thousand species of plants native to the region. Almost a century later, in 1905, Frenchman Sylvan Levi published ‘the first attempt to produce a comprehensive study of Nepal’, drawing on not just indigenous but available Chinese and European sources as well. After Nepal opened up in the 1950s, different kinds of foreigners have traveled here -- most notably, cold-war era spies disguised as diplomats, and later came the hippies. I returned to Nepal in 2013 and was primarily struck by two major demographics - the artists and the expats. Energised by the recent revolution, the creatives were making vibrant, powerful works. The expats, on the other hand, demonstrated a different way to navigate life in Kathmandu Valley. These two groups of people re-introduced Nepal to me and I began seeing my country and my hometown with a renewed perspective. Which is why one particular image from Giovanna Caruso’s ongoing show at the <a href="https://www.instagram.com/thekalasalon/?hl=en" target="_blank">Kalā</a><a href="https://www.instagram.com/thekalasalon/?hl=en" target="_blank"> Salon</a> curated by <a href="https://nepalitimes.com/review/facades-and-flowers-from-nepal-to-italy" target="_blank">Sophia L Pandé</a> instantly caught my attention -- rather, it called out to me, as if it was composed for me, framing a key moment from my own life. Its title is, coincidentally, 2013. Like most of her other works, the pen-and-ink drawing is punctuated by an explosion of watercolour: a woman standing confidently in front of a Newa-style house, a leg arched up, as if she is fixing a strap around an ankle before stepping out on an adventure. The watercolour depicts a rainbow streaming out of a pot through a second-floor window. The rest of the details are rendered in realism – clusters of garlic and onion hanging to dry from the rafters, and further down a stack of corn. There are towels drying, even an old water pump.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251201121216_f440de5b5402fe0877dc46d94f41647bd46b00035b61241d46fc9f7ffbd87d0f.jpg" data-media-id="editor_3" data-image-id="20251201121216_f440de5b5402fe0877dc46d94f41647bd46b00035b61241d46fc9f7ffbd87d0f" data-rendition-name="original" width="4032" height="3024" loading="lazy" alt="art review Kala Salon"> </figure>  When I walked over to this artwork with Caruso, she chuckled, “Ah, this work is a celebration of my 30 years in Nepal.” It was while trying to calm a restless group of students during her teaching days in Italy that Caruso first came across an iconic image of Kathmandu Darbar Square. She had found an old box of slides and while projecting images from the Himalaya to engage her students, the artist was determined to travel to Nepal. The first flat she rented was close to the square and the view from her rooftop was the same as the one she had encountered inside her classroom. She has been traveling to Nepal every year since. Some of her favourite drawings depict Khokana in morning fog. From 1993-2006, she drew murals at Ram Mandir and Pashupatinath, asking sadhus to guide her and correct her depictions. Caruso received a classical education, which means she was trained to focus on perspective and geometry while capturing mainly portraits and still lives. She is influenced by M C Escher and his explorations of mathematics and symmetry. No wonder she finds the Darbar Square architecture so compelling. She also names as inspiration Gustave Dore, whose style is different from Escher’s and I can see how she has fused these influences in her body of work: Escher’s austerity complimented and slightly dislodged by Dore’s comics and caricatures. “Before starting, the painting needs to be complete in my mind,” she explains as we pass a series of portraits titled Saraswati, Lakshmi, Kali Dancing, and Durga dominated by a roaring tiger. “These are all real people, I ask my friends and family members to sit for me.” The Kali in the drawing has the artist’s fiery copper red hair and she is dancing, surrounded by various men with flowing hair. The artist seems to have experimented here, drawing the revelers from above, and indulging in playful abandon. Depictions of Nepal are often in danger of being exoticised. But Caruso is familiar with her subjects, knows our alleys and temples intimately. Her colours and compositions are passionate and dense. In an essay, Anirudh S Chari writes the artist’s work is splashed with rapturous energy and most drawings have a carnivalesque element. ‘Kali Dancing’ illustrates this idea perfectly in that she has turned Kali’s usual fearsome portrayal on its head by depicting and embracing another feminine principle - the capacity to celebrate and create joy. Apart from drawing inspiration from Hindu goddesses and Nepal’s multi-colored rituals, Caruso has also drawn the Sumerian Ianna and Lillith and the Egyptian Nut. She enjoys drawing Nataraja, and says it is because “Shiva is a good husband”. We stand another painting titled 100 Days a Lion. “There is a saying in Italian, Better one day as a lion than a hundred days as a sheep, but I thought why not 100 Days a Lion?” This sentiment captures this nomadic artist’s spirit spanning four decades, in which she has captured urban energy as well as the sacred imagery of ‘life diaries on canvas’. From Venezia to Kathmandu and Journeys In Between Giovanna Caruso The Kalā Salon Chhaya Centre Mall, Thamel Till 12 December 10am- 8pm

Looking at Nepal from Venice

Shantanu Dhakal wakes up to a cold misty dawn, dons his college uniform and fastens his tie, tightening it carefully so as not to dislodge the tracheostomy tube protruding from his throat.
Gingerly, he brushes his teeth, mindful not to hurt the wound on his left cheek, where a bullet tore through during the GenZ protests on 8 September in the highway town of Itahari in eastern Nepal.&nbsp;
Dhakal, 18, came home from college that day three months ago and then took the bus to Itahari to join some friends who were protesting in front of the sub-metropolitan city office. It was mid-afternoon, and the crowd was chanting anti-corruption slogans and holding up placards.
Like most young Nepalis, Dhakal and his friends had been angered by videos on social media of the offspring of Nepal’s rich and powerful flaunting their lavish lifestyles.&nbsp;
"That was the trigger for me to join the protest, it opened my eyes to just how widespread nepotism and corruption was," Dhakal told Nepali Times.&nbsp;
The police arrested a few students, angering the crowd even more. They massed at the gate of a nearby police station to demand their friends be released. &nbsp;
Dhakal was standing across the street from the police station when the first shots rang out. The crowd scattered. As he ran for cover, there was a searing pain in his left jaw. Blood was streaming and it took some time for him to realise he had been shot.&nbsp;
“I was bleeding profusely and couldn’t speak. My vision blurred, there was a ringing in my ears,” Dhakal recalls. “I collected myself and continued to run, fearing that I would be shot a second time.”
Dhakal collapsed some distance away, and a fellow protestor took him to a nearby hospital, where doctors bandaged his jaw. He was referred to Birat Medical Teaching Hospital, where surgeons immediately performed an emergency operation. &nbsp;
The bullet had torn through his left jaw, shattering the bone, teeth, and soft tissue. Blood had rushed into his throat, obstructing the airway so doctors first performed a tracheostomy, installing a tube in his throat to help him keep breathing. A week later, the doctors reconstructed his jaw with metallic plates, grafting skin from his chest and transplanting it to the lower left side of his face.&nbsp;
Dhakal spent three weeks in hospital before being discharged. But the relief of being home was marred by disturbing thoughts. He says, “Just sitting there doing nothing began to take a toll on my mental health.” &nbsp;
Since he was always interested in content creation and <a href="https://www.youtube.com/@docsbyshantanu">producing short documentaries</a>, he decided to document online his near-death experience and post-protest life.&nbsp;
Shantanu Dhakal’s Instagram and TikTok <a href="https://www.instagram.com/shantanu__dhakal/">posts are simple, short videos</a> every other day about his treatment process, dressing his wound and cleaning his tracheostomy tube, attending events with others injured during the protests, and scenes from everyday life in his family farm.&nbsp;
The comment section has Nepalis and people from around the world reaching out to ask how he is doing and keeping his spirits up. Dhakal now has a caring social media community, and he uses the platforms to keep in touch with other injured protestors across the country.&nbsp;
Life is returning to a new normal. This week, he returned to college to resume classes after more than two months and is making up for lost time. He has adjusted to speaking and eating with the tube, although the pain never quite goes away.&nbsp;
“I can eat mostly fine, but it is still difficult to speak,” he says. Soon, he will go to hospital for his fortnightly follow-up, and doctors will determine when his tracheostomy tube can be removed.
Like other young Nepalis, Dhakal is now even more politically engaged and actively reads the news of the interim government installed after the GenZ protests.&nbsp;
With the 5 March elections only three months away, young Nepalis like Dhakal hope that the elections will throw out the old and bring in the new. He is among the more than 800,000 new voters who have registered.&nbsp;
“The most important thing is that we have stable government,” he says. “As far as candidates go, an ideal one for me would be a person who prioritises health and education. But if the candidates in my constituency are not up to mark, I may not vote.”
Dhakal along with other injured protesters and relatives of those killed met &nbsp;Energy Minister Kulman Ghising, who has launched his own Ujyalo Nepal Party, and he is cautiously optimistic about the work of the current leadership. &nbsp;
It is a different story in Kathmandu, where Prime Minister Sushila Karki is struggling to manage the expectations of various youth collectives while trying to convince the old parties to participate in elections.&nbsp;
While the UML and NC are actively trying to delegitimise Karki’s government as they prepare to hold their respective general conventions, they are also preparing to give out tickets for elections.&nbsp;
Self-proclaimed GenZ leaders who used Discord to elect Karki prime minister are putting up their own conditions for the polls, even demanding her resignation for failing to meet their demands. This is in sharp contrast to the feelings of many of those injured during the protests who want elections so the nation can heal, and move on.

A new normal

It is quite a feat for just two actors on a darkened stage to hold an audience spellbound for more than one hour. Yet, ‘के? Us.’ at Kausi Theatre does just that. It is a thought-provoking but baffling work that leaves the audience questioning reality, the recurring metaphors in this intriguing and powerful dark comedy haunting us for days afterwards.&nbsp; The unsettling sound of deep breathing mingles with percussive drumming and a driving guitar that pulsates amidst a red glow, dimly illuminating shadowy structures charred by fire. A door leads to what is later revealed to be the ancestral home of two brothers which is ‘under renovation’. One of the brothers Ashim (Bijaya Tamrakar) lives in Nepal caring for a supposedly comatose mother who is only depicted by a tree draped with red LED lights that circulate arterial blood corpuscles. Visiting him is a long-lost brother Aaryan (Eelum Dixit) who has returned (deported?) from America.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251202071248_d3050fcd38e1ba471ea48e18fde6a8393a086a5b3afeef71eda190f3e01366e2.jpg" data-media-id="editor_0" data-image-id="20251202071248_d3050fcd38e1ba471ea48e18fde6a8393a086a5b3afeef71eda190f3e01366e2" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Chaos play review"> </figure>  The stage is littered with scattered paper trash, a run-down motorcycle chassis, a tattered sofa, and beat-up table and chairs. The stage is set for a sinister plot. Are the characters to be punished in perdition?&nbsp; It does not take long for the audience to grasp that this is an apocalyptic Nepal that, following absurdist traditions, could exist at any time in the future or the present day <a href="https://nepalitimes.com/editorial/election-vs-escalation">post-GenZ protest state</a>. Ashim and Aaryan Adhikari have reunited after 15 years. Ashim, the younger brother, has been burdened with the responsibility of taking care of their brain-dead mother. Aaryan, returns after having migrated to the US, where he married, had children, divorced, and lost everything. He has been at “minus 20 and is now back to zero”.&nbsp; The brothers have intense back-and-forths that expose their cynicism, the conversation tangentially alluding to Nepal’s unstable political landscape, migration, an economy in shambles, aging population, alcoholism and other mental health issues. Even the sibling argument about the relative merits of momos and burgers seems metaphorical. The stagecraft uses lighting and sound effects brilliantly, transporting the audience to a surreal world in which Tamrakar and Dixit improvise their lines — no two shows are exactly the same, although the overall plotline has continuity.&nbsp; In the first scene, Aaryan approaches the house tentatively, creeping rodent-like, and carrying a briefcase and an old-fashioned lantern. And at the end, Ashim screams, “I am chaos.” Is this the end of the beginning, or the beginning of the end?&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251202071252_a49af0960d3f6f61cd8e9d5ea9c5af64655b89865711f5566f3054b701840da1.jpg" data-media-id="editor_2" data-image-id="20251202071252_a49af0960d3f6f61cd8e9d5ea9c5af64655b89865711f5566f3054b701840da1" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Choas play review"> </figure>  At one point Aaryan seems perturbed by the sound of protest outside (the Gen Z movement?) and the taut atmosphere grips the audience with fear, shock, and apprehension of the recent death and destruction.&nbsp; Throughout the play there is the sound of breathing, as if through a ventilator, a thumping heartbeat, the morbid buzzing of flies and the glowing red LED veins -- signifying the presence of the comatose Aama. She is featured in a prologue-esque home video at the start of the play in which she reminisces about her two sons and rues her failing memory.&nbsp; The sound of breathing gets accentuated each time a brother gets closer to the tree, and it seems to fuel Ashim’s belief that Aama may be brain-dead but she is still among them. This play can go as deep as each individual in the audience wants it to go.&nbsp; The silenced, comatose mother could be Nepali Aama muted by an entrenched patriarchy. Or, she could be the symbol of a helpless country while her children fight over the ruins of what is left. The cake cutting is a delightfully Shakespearean subplot where we wonder if one of the brothers is going to poison, or knife, the other. The message is clear: how can we move forward if it is brother against brother? The stairs signify political transition (elections, constitutional change, new coalitions) promising upward movement, but eventually lead to falls, leaving the nation exactly where it started, or worse. The mother’s terminal illness evokes an ailing state apparatus, hollowed out by corruption and deep-seated social decay. Yet the brothers cling to an irrational hope — instead of confronting the harsh truth and pursuing radical solutions, suggesting a blind faith in the mother.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251202071252_e30df0ea03c2db1759a09e2e3e3111d9d238d5cd5595a68b8052bbbc8e9ec6b3.jpg" data-media-id="editor_3" data-image-id="20251202071252_e30df0ea03c2db1759a09e2e3e3111d9d238d5cd5595a68b8052bbbc8e9ec6b3" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Chaos play review"> </figure>  The brothers are lost. Aaryan climbs up stairs that lead nowhere, Ashim holds on to unrealistic hope that somehow Aama will get better. Tamrakar and Dixit deliver powerful performances, even more remarkable for the fact that they are improvising their lines as they go along. When Aaryan breaks a wall and directly addresses the audience, spectators turn from being passive observers to active participants (‘the society’). The audience then become oglers in this drama, suddenly made self-aware of our role as the scrutinising, cavilling voyeurs that society represents. There is some discomfort of being watched and judged.&nbsp; By asking his brother what he is afraid of while pointing at the audience, Aaryan suggests that the brother's (and perhaps the character's core) fear is not just of the house, or the mother's illness, but of external judgment and societal censure. After the stage goes dark, the applause takes some time. Audience members shuffle out in silence, minds reeling from the collective soul-searching they have just participated in.&nbsp; After ‘के? Us.’ the din at Teku intersection outside sounds different as we wait for our Pathao ride below the खरी tree where <a href="https://www.google.com/search?q=Shukra+Raj+Shastri&amp;client=safari&amp;sca_esv=75e8315709cd5118&amp;rls=en&amp;sxsrf=AE3TifMJhwukjdBBT0n4QcQWe8IYSaEVsw%3A1764648053799&amp;ei=dWQuaYbIMOy94-EPn4ygyAE&amp;ved=2ahUKEwiU1ciogp6RAxXq3TQHHeo9LBIQgK4QegQIARAB&amp;uact=5&amp;oq=nepal+tree+where+martyrs+were+hanged&amp;gs_lp=Egxnd3Mtd2l6LXNlcnAiJG5lcGFsIHRyZWUgd2hlcmUgbWFydHlycyB3ZXJlIGhhbmdlZDIIECEYoAEYwwRIug5QAFiNC3AAeAGQAQCYAc4BoAHrCKoBBTAuNS4xuAEDyAEA-AEBmAIDoALlBMICBRAAGO8FmAMA4gMFEgExIECSBwUwLjEuMqAHzw-yBwUwLjEuMrgH5QTCBwcwLjIuMC4xyAcM&amp;sclient=gws-wiz-serp&amp;mstk=AUtExfCLIneLVW3SFBzxBc964wFcTJ936tcAPSDcvNKljck0PIqDJddMZ_t8Pg610M98MCx14aNdnyLHs9QM0jWLhI7JYmkPhugX1ZHfSQvdCHZE9E5m2_ZQY5Jr893UcGjQfpabtA_C48NfB9Pg56uYMOmTtEBEcGuvz3d96Qaifyb86sI8mAkrRNo_367cv_xmFjLZ55iQkfHtORuOvZSUkIdMvAdpweuf4jPjjI4anbv9lc-uCImdP0JSvtvEGL8ePxwsWWOzYpIbjNP1zofjcWXK&amp;csui=3" target="_blank">Shukra Raj Shastri</a> was hanged in 1941 by the Rana regime. Language and Literature Students, 2026.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251202071252_f2dc03a35cba33b382a66bbd43905206d9d3eb5ec3ebdcf973aeefbb4a50b6b2.jpg" data-media-id="editor_5" data-image-id="20251202071252_f2dc03a35cba33b382a66bbd43905206d9d3eb5ec3ebdcf973aeefbb4a50b6b2" data-rendition-name="original" width="1080" height="1350" loading="lazy" alt="Chaos play review"> </figure>  ‘के? Us.’ Kausi Theatre, Teku Till 7 December (except 2 December) Bookings: +977 9842156109, 9842574607

Staged chaos evokes state of Nepal

This is the 75th episode of Diaspora Diaries, a Nepali Times series in collaboration with Migration Lab providing a platform to share experiences of living, working and studying abroad. My father was a country boy from Sarlahi, and my mother a city girl from Kathmandu. They had an inter-ethnic marriage, which was difficult until the two families gradually began to accept it. My parents, who worked in development, viewed the world through a social lens. They often traveled overseas for their INGO work, leaving me and my sister behind. We spent a lot of time at my grandparents’ house, or in rented apartments with guardians. Between Grades 1 and 10, I must have switched schools seven times. Our parents prioritised our education, and enrolled me in the most expensive schools. I was shocked by my school fees, and often wondered how they managed with their salaries.&nbsp; I wanted to become a businessman, so I could have the kind of life some of my well-to-do friend had. My family was not from a business background, and social services didn’t lend themselves to that kind of lifestyle. Now I realise what my parents gave me was already over the top, a truth that becomes clearer as I get older. Our family was getting along fine until our father died while working on a project in Dhading in September 2021. The official reason was ‘heart attack’. We do not talk about this much, perhaps as a way of dealing with the loss.&nbsp; He was our rock, and everything got harder. At least we had good people around us who reminded us to take care of our mother and to work hard. And we did. My sister and I made TikToks during the lockdown, initially in a joint account which reached its peak in 2022-2023. I had always wanted to be an actor, but I knew the film industry does not pay well. My parents also urged me to keep my interest in acting as a passion project. TikTok enabled us to showcase our talent for comedy. We figured out how to crack TikTok’s algorithm and stayed on top of trends. People liked our duo and the raw and authentic content. It required a strategy, luck, planning, and understanding the game.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251204121236_1afc10a8107e0aef5b94977860bc2cb138ddd1a100cadc7324da675b7ca0810c.jpg" data-media-id="editor_0" data-image-id="20251204121236_1afc10a8107e0aef5b94977860bc2cb138ddd1a100cadc7324da675b7ca0810c" data-rendition-name="original" width="1000" height="1778" loading="lazy" alt="Things eventually work out NT"> </figure>  We use a hashtag #NakarmiKhanalAF in all our content drawing from my parents’ last names although they did not need to know what ‘AF’ stood for.&nbsp; My first viral content involving a humorous take on a Marvel character hit over 500k. That fusion combining international trends with Nepali humor worked really well, and I started making it my niche, adapting content.&nbsp; My father was always thick-skinned and did not have to try to be cool or tough. He was unapologetically himself, sometimes to the point where my sister and I felt embarrassed. When he was invited as a chief guest at a cricket game, for example, I remember feeling proud to be the child of an ‘important person’, but he grabbed the mic and told everyone to start cleaning the ground.&nbsp; Many of our friends came from wealthy families because of the schools we attended, and he proudly lectured them about our humble background and the importance of social service. Growing up, we tried hard to get his validity. My proudest moment was gifting him a shirt bought with my first salary. My father did not get to see our rise on social media, but I know he is watching over us just as he always did. The first brand deal I got was memorable but awkward. It was for a grooming package for private parts. I used to think about how movie actors start their journeys with advertisements for underwear, and this was going to be my story, my ‘humble beginning’ as a content creator.&nbsp; They did not even pay me money but just gave me the items. Other brands started coming in and with them, money. I earned as much as Rs40,000 per content and tried to make one every day. This was a big contrast to my monthly salary of Rs35,000 in a clothing store. All along, I was acutely aware that fame would not last forever. Just like one of my singer friends Wangden had said in a podcast: he was going to have fun while fame lasted.&nbsp; After TikTok was banned in India, there was even more uncertainty about social media. The alternates were also not assuring: people running businesses had to close up or were stuck, and the political uncertainty was scary. This pushed me to think about migrating, and Australia was a safe backup. I uploaded content right upto two hours before my flight from Kathmandu. I wanted to have enough savings so I did not have to start working right away in Australia. I was buying freedom. Since I had to change schools frequently, Rodin was one of few enduring friends I had. He was in Australia and assured me that he would take care of everything, and he did. He was my family there, and I did not have to go through the initial struggle that other international students had to endure.&nbsp; In Australia, I have done multiple jobs over the last two years and completed my MBA. My interviewer challenged me to make him laugh with one of my content videos. He did and I started work the very next day though I know I got the job because a hardworking friend had recommended me. To the boss, I was just another Nepali who could work swiftly. I mopped floors, washed dishes, and served customers. This was Australia, and I hustled. But I knew there had to be more to life. The long hours and little sleep eventually caught up with me. One day I slept 14–15 hours straight, and when I woke up, it hit me that I should try networking.&nbsp; I reached out to admins of Australia-based Facebook groups. Some replied, some did not, some offered jobs that were not for me. Then came an email from 8848 Momo House, and I travelled to Brisbane to meet the owner Hom Pyashi.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251204121232_ef61cf49eaa208293eecc7e2c5c075644ca6dd4bb844881249889586ae91025e.jpg" data-media-id="editor_1" data-image-id="20251204121232_ef61cf49eaa208293eecc7e2c5c075644ca6dd4bb844881249889586ae91025e" data-rendition-name="original" width="1440" height="1548" loading="lazy" alt="Things eventually work out NT"> </figure>  “Do you want momos?” was the first thing he asked warmly. He told me to stop by one of his new outlets and make a video. I did, and I was hired the next day.&nbsp; It was that easy, and I have been working there ever since. My boss would later share in a conversation that he did not hire me because of the video but because I was young and he saw hunger in my eyes. To him, I was clay that he could help shape. I am now the marketing head, and the chain is doing well. Content creation is still a side job that brings in money. But just as my parents said, it remains a side passion.&nbsp; Then came the GenZ protests. On social media I compared Nepal’s youth to relaxed backbenchers who finally act when provoked enough to get things done. I could relate to the rage and suffocation. A song I was featured in was supposed to be released just when social media was banned in Nepal, and that fuelled my anger. But from the onset, I was wary of the headless nature of this movement, there was no ठुलो मान्छे leading and no one would be accountable if something went wrong. There was so much uncertainty, and I am not comfortable with uncertainty. We were glued to social media as the protests happened, at work and in the gym. When we learnt of the deaths of young Nepalis back home, a part of me died. The grief of unexpectedly losing my father came back.&nbsp; I left the gym early because I just could not take it. My friend and I just drove quietly to a nearby waterside. We did not even sit together because neither of us wanted to notice that we were in tears.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251204121236_99d662d9b4239e22410217146f87d7bed694d6543fa62d3b145401a5cf1cc7aa.jpg" data-media-id="editor_2" data-image-id="20251204121236_99d662d9b4239e22410217146f87d7bed694d6543fa62d3b145401a5cf1cc7aa" data-rendition-name="original" width="2000" height="1000" loading="lazy" alt="Things eventually work out NT"> </figure>  One of the messages I received was a GoFundMe link to support the victims. I shared it, but someone asked if it was genuine. That is when it hit me that I had a large social media following and could not just share things without verifying them. I removed the link. The only person I felt I could trust was myself, so I decided to start my own fundraiser. I felt emotional and helpless, and had to do something.&nbsp; I assumed we could raise around AUD5,000. I was wrong. Within hours, we had raised nearly AUD60,000. Fellow content creators Avash and Manzil from Minority Report had also started a GoFundMe, and we decided to join forces.&nbsp; Partnering with them was going to be a lifesaver because I was not at all prepared for what was ahead. Over 11,000 people contributed across our two campaigns, raising AUD514,386. But we had not thought through the logistical challenge, the online hate and the delays. We needed to release the money to the right organisations in Nepal, get complete information about the families of the martyrs and injured — our primary target groups.&nbsp; We faced a huge amount of backlash after a hate narrative instigated by a few people spread online. We just could not get our message across that it was not as simple as raising the money and handing it over. People believed what they wanted to believe. Internet hate can take you to very dark places, even when you believe in your cause and know it can bring some comfort to grieving families. You try to focus on the positive message, because many people did support us, but the hate and accusations do bring you down.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251204121232_3045b4b91371fa210362f49a8d9ff279e1bb1cbee9fb8cc0641dbcbd6594aa98.png" data-media-id="editor_3" data-image-id="20251204121232_3045b4b91371fa210362f49a8d9ff279e1bb1cbee9fb8cc0641dbcbd6594aa98" data-rendition-name="original" width="1320" height="2868" loading="lazy" alt="Things eventually work out NT"> </figure>  When I was paralysed by the internet hate to carry out even the most mundane activities like cooking and cleaning, my roommate Bibek took over. He even made me watch an episode from the Mahabharat capturing Krishna’s teachings on karma without worrying about the fruits, a lesson that did not just help me get out of that depressive episode but has become a guiding principle for life. How would I have emerged out of that darkness when I was battling with suicidal thoughts if people had not showed up for me? We worked day and night to find the right partners, and because of the large amount of money and the level of transparency we asked for, many influencers or organisations turned us down.&nbsp; This was not easy because we had our own jobs to take care of, our own bills to worry about that were not linked to the fundraiser. It helped that my team at 8848 let me deal with this during work hours, and assured me that they will stand by me no matter what. Thankfully, we finally partnered with Nepal Rising (Daayitwa US), a professional and transparent organisation that stepped in and saved the day. GoFundme finally released the funds to their account and it has begun reaching the right people. My sister helped ensure the money is delivered properly. As a final check, I speak with the families in Nepal and offer my condolences. I honour their loved one’s contribution to our country and we will make sure it is never forgotten. But no matter what we say or how much we try to help, the heartbreaking truth is that their young son or sibling is not coming back. The narrative is slowly changing. Slaps are now claps. But the trauma of the public hate is so great that it still gnaws at me, I have anxiety about attending Nepali gatherings like concerts here. I remember when a dance I had created for Bola Maya went viral on TikTok, with tens of thousands of people picking it up. A chef friend told me it was time to use that influence for a social cause. Those words stayed with me. As I navigated the backlash, I was also reminded of my parents who worked on social causes and asked my mother if they had faced similar cases. She had, and she reminded me that all we can do is stay focused on the cause and drown out the noise. Things will eventually work out.