SC stays rule allowing one-fourth members of municipal executive body to take decision
Kathmandu, October 23
The Supreme Court today stayed the implementation of Rule 10 and 11 of Transaction of Business Rules of Urlabari Municipal Executive Body, 2017, that allowed one-fourth members of the executive body of the municipality to take decisions.
The constitutional bench of SC issued the interim order to Urlabari Municipality, Urlabari Municipal Assembly and Mayor of Urlabari Municipality Khadga Bahadur Phago in response to a case filed by Urlabari Municipality Ward No 1 Chair Machindra Kumar Karki and Urlabari Municipality Ward No 4 Chair Laxmi Narayan Dhimal.
The petitioners argued that Rule 10 and 11 of Transaction of Business Rules of Urlabari Municipal Executive Body were against Local Section 17 of Government Operation Act, 2017, that stipulated that the decision should be taken with the consent of majority members of the executive body of the local governments.
There are 19 members in the executive body of Urlabari Municipality.
Petitioners’ lawyer Kedar Prasad Dahal said his clients filed a writ at the apex court after the executive body of the municipality invoked Rule 10 and 11 of Transaction of Business Rules of Urlabari Municipal Executive Body that allowed the executive body to take decisions even when there were only one fourth members of the executive body present in a meeting. The municipality had framed these rules before the Local Government Operation Act was enacted by the Parliament.
The petitioners argued that Rule 10 and 11 clearly violated the constitution and other laws. Dahal said his clients moved the court after the executive body of Urlabari Municipality started taking decisions, some of which could have long-term implications and increase financial liabilities for the municipality.
Rule 10 of Transaction of Business Rules of Urlabari Municipal Executive Body stipulates that one-fourth members of the executive body can take decision in the second meeting if 51 per cent members of the executive body, the quorum for a meeting – do not show up for the meeting.
Rule 11 stipulates that if decisions are not taken on the basis of consensus, then the mayor can take a decision respecting the sentiments of the majority members.
Dahal said Section 17 of the Local Government Operation Act mandated the local governments to take decision on the basis of majority if taking decision on the basis of consensus was not possible.