Legal Challenge Clouds NRNA's 12th General Convention

Kathmandu: The 12th General Convention of the Non-Resident Nepali Association (NRNA), scheduled to begin on March 14 (Falgun 30), faces a potential delay. The convention has fallen into uncertainty after a writ petition was filed at the Patan High Court seeking to stop the convention and the online voting process. The hearing for the writ is scheduled for Wednesday.

The lawsuit was filed by Rajendra Prasad Dangal on behalf of NRNA NCC UK President Prem Gaha Magar, alleging that thousands of members in the UK are being deprived of their voting rights and that the election is being conducted against the association's bylaws. The petition primarily cites the United Kingdom's strict Data Protection Act as a legal basis.

According to the petitioner, the personal details of approximately 22,000 members in NRNA UK are protected under British law, and the law does not permit transferring this data to the NRNA Center's 'MRS' (Membership Registration System) or any third-party server.

The writ argues that a convention cannot be considered a "Convention of Unity" if representatives from the UK, who account for nearly 20 percent of the total voters, are excluded due to technical and legal complexities.

The petitioner has also raised serious questions regarding the online voting system and individual privacy. They claim that forcing voters to provide emails and "selfie photos" (facial verification) to a third-party app for identification violates the right to personal privacy. Recalling allegations of serious rigging through online voting in the 2023 elections, the writ states that entrusting a third party to conduct the election now is illegal.

Furthermore, the petition argues that online voting is impractical while hundreds of thousands of Nepalis are stranded due to conflicts in the Middle East, including Israel and Iran. It seeks a mandamus order to conduct the election only through the physical presence of representatives.

The Ministry of Foreign Affairs of the Government of Nepal, the NRNA International Coordination Council (ICC), the Association’s Secretariat, the Election Committee, and NRNA Presidents Mahesh Kumar Shreatha and Dr. Badri KC have been named as defendants. 

The petitioner seeks a certiorari order to quash a ministry letter (Ref. No. 6280) that allowed the election process to proceed via online participation for those unable to attend physically, claiming it is against the law. The petitioner stated they moved the court after a memorandum submitted to the Foreign Minister seeking a resolution through alternative means went unheeded.

The petitioner has requested an interim order under Rule 42 of the High Court Rules 2073 to halt the 12th General Convention’s electoral proceedings, stop online voting, and stay the implementation of the Ministry of Foreign Affairs' letter until the court delivers a final verdict. 

The court's hearing and subsequent order on Wednesday will determine whether the convention starting this Saturday will proceed. It appears that, aside from a mutual consensus, no other viable alternative remains.