Nepal | July 05, 2020

SC halts salaries of local level office bearers

‘Parliament should correct the contradiction in the constitution’

Ram Kumar Kamat
Share Now:

Kathmandu, October 18

The Supreme Court today annulled six provincial laws that allowed office bearers of local levels to draw monthly salaries.

The apex court’s verdict was delivered by the constitutional bench of the Supreme Court led by Chief Justice Cholendra Shumsher JB Rana. Other justices on the bench were Deepak Kumar Karki, Kedar Prasad Chalise, Meera Khadka and Hari Krishna Karki.

On August 20, Advocate Lokendra Bahadur Oli had filed a case against six of the seven provinces for enacting laws allowing local governments to provide pay and perks to office bearers and members of local levels. The court ruled that provinces had gone beyond their legal powers to enact laws that allowed salaries to local level office bearers, Oli told THT.

The SC ordered the government to stop payment of salaries to local level office bearers from today. “There are 29,565 local level office bearers who are receiving salaries. With today’s court decision, the government will be able to save millions of rupees every month,” Oli said.

The petitioners have named the governments of Province 2, Province 3, Gandaki Province, Province 5, Karnali Province and Sudurpaschim Province as defendants. The petitioner has also named the Ministry of Internal Affairs and Law of those provinces as defendants.

The petitioner had argued that the provincial governments had no power to frame laws allowing office bearers and officials of the local governments to draw monthly salary/remuneration.

The petitioner did not include Province 1 among the defendants as its law allowed office bearers and members of local levels to draw only perks and not salary.

The petitioner argued that constitution allowed members of the federal Parliament, speaker, deputy speaker, members of provincial assemblies and speakers and deputy speakers of provincial assemblies to draw both pay and perks, but it did not give the right to office bearers of local levels to receive salary.

The petitioner pointed out that provincial governments wrongly interpreted the provisions of Article 227 of the constitution and made laws to provide salary to office bearers of local governments.

Mayor of Birgunj Metropolitan City Vijay Kumar Sarawagi told THT that if there was any contradiction in the constitution or law, the Parliament should correct it. “If the prime minister, ministers, federal lawmakers, provincial ministers and provincial assembly members are allowed to draw monthly salaries, why should local level office bearers be barred from doing the same? Why is this discrimination against local level representatives?” he wondered.

Sarawagi said if the service of the local representatives had to be treated as social service then the same criteria should apply to federal and provincial representatives as well.

“The government must understand that full-time local politicians, such as I am, should take care of their families and if they are not allowed to draw monthly salaries, then they cannot do their work,” he added.

Sarawagi said if local office bearers were not allowed to draw monthly salaries, then that could increase corruption in local levels.

A version of this article appears in print on October 19, 2019 of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Locusts devour crops on 1,100 hectares

KATHMANDU, JULY 3 Desert locusts have damaged crops cultivated on 1,100 hectares of land across the country. According to the Locusts Information Centre, eight districts have reported damage caused by locusts till date. Of them, Dang is the worst hit and Palpa the least. The locusts devoure Read More...

World Bank elevates Nepal to ‘lower middle income economy’

Country saw its GNI per capita rise to $1,090 in 2019, but economists says it doesn’t mean much in terms of development KATHMANDU, JULY 3 Nepal is now officially a lower-middle income country, an upgrade from its previous status as low income nation, according to the World Bank’s latest coun Read More...

Oli, Dahal in bid to save NCP unity

If the two co-chairs fail to act as per the spirit of the party unity document, maintaining party unity will be difficult  - NCP leader Mani Thapa KATHMANDU, JULY 3 Co-chairs of the ruling Nepal Communist Party (NCP) — Pushpa Kamal Dahal and Prime Minister KP Sharma Oli — held talks for thr Read More...

Kailali's Bhajani Municipality, Joshipur Rural Municipality inundated

KAILALI, JULY 3 Bhajani and Joshipur of Kailali have been inundated after floodwaters gushed into the settlements. According to eyewitnesses, many houses in Wards 2, 3, 6 and 8 of Bhajani Municipality have been inundated. Local Ganga Chaudhary said floodwaters from local Kandra and Kadha ri Read More...

Ministry develops guidelines for rehab centres

KATHMANDU, JULY 3 The Ministry of Women, Children and Senior Citizens has developed guidelines for operation of rehabilitation centres to ensure that vulnerable persons at the centres do not contract COVID-19. MoWCSC said the new guidelines would be effective until Nepal was declared coronavir Read More...

Nepali Congress Ram Chandra Paudel

Country pushed into crisis: Paudel

DAMAULI, JULY 3 Senior Nepali Congress leader Ramchandra Paudel said sudden prorogation of the Parliament was unfortunate for the nation. “At a time when the nation is fighting a deadly disease, the decision to prorogue the Parliament has pushed the country further into the crisis,” said t Read More...

Holding centre in Khotang

KHOTANG, JULY 3 A 10-bed holding centre has been established in Diktel, the district headquarters of Khotang, for returnees. According to Chief District Officer and District COVID-19 Crisis Management Centre coordinator Shaligram Sharma Poudel, Nepali Army personnel and Red Cross staff jointly Read More...

Visit Nepal 2020 mascot, yeti

Former Visit Nepal secretariat seeks more budget from Tourism Ministry

KATHMANDU, JULY 3 Even after the government has scrapped the secretariat of the Visit Nepal 2020 campaign, the secretariat has submitted more unpaid bills to the Ministry of Culture, Tourism and Civil Aviation (MoCTCA). Addressing a press meet today to unveil the ministry’s work progress dur Read More...