Ambika Kafle, a member of the Lumbini Province Assembly, has filed a forgery and fraud case against Provincial Assembly (PA) Speaker Tularam Gharti Magar and four others. She claims that an unauthorized letter was used to wrongfully remove her from the provincial legislature.
Kafle, a member of the Janata Samajwadi Party Nepal (JSP Nepal), submitted the case to the Dang District Court on Tuesday, October 27. She is asking for an investigation into the disputed letter and wants it declared invalid if found to be forged.
The case includes PA Speaker Gharti Magar, PA Secretary Durlabh Kumar Pun Magar, PA Secretariat Spokesperson Lokmani Pandey, JSP Nepal Assembly member Santosh Pandey, and Ajay Kumar Jha, who is accused of using the party’s letterhead for the correspondence.
The allegations remain unproven in court.
Dispute Over Letter Announcing Vacancy
This case stems from a letter that announced a vacancy. Kafle argues that the letter was created and used without official party approval, misusing the party’s name, letterhead, stamp, and authority.
She insists she did not resign from the party nor join another political group, making the use of an unauthorized letter to dismiss her invalid.
The disputed letter was registered with the Provincial Assembly Secretariat on Bhadra 22, 2083, and a notice of vacancy followed two days later.
Kafle has asked the court to decide if the letter was official and lawful.
Political Tension Over Vote of Confidence
The controversy follows a split within the party regarding a vote of confidence for Lumbini Chief Minister Chet Narayan Acharya. Kafle faced disciplinary action for allegedly going against the party leadership and voting against the Chief Minister as instructed by central party leaders.
The parliamentary party leader, Santosh Kumar Pandey, initiated disciplinary proceedings, leading to the notice of vacancy issued by the Provincial Assembly Secretariat.
The conflict arose over whether provincial lawmakers should support the Acharya government or follow the central party’s directive to vote against it. Kafle is contesting the disciplinary action, claiming the letter was unauthorized.
Kafle’s Petition to the Supreme Court
Before filing the forgery case, Kafle submitted a petition to the Supreme Court. On Asoj 6, 2083, the court issued an interim order, temporarily halting her dismissal. However, this does not confirm that the disputed letter was forged. Kafle has now filed a separate case in the district court.
While the two cases are related, they focus on different aspects of the issue.
Kafle Requests Examination of Originals
Kafle’s petition requests an inspection of the original disputed letter, its registration and dispatch details from the assembly secretariat, and relevant party decisions and correspondence.
She also asks for examination of the party’s letterhead, stamp, and signatures to verify if the letter was created with proper authorization. Her petition references sections 276 and 277 of the National Penal Code of Nepal 2017, along with other relevant legal provisions regarding forgery.
If the letter is proven forged and invalid, Kafle requests the court to take legal action against those responsible and provide appropriate redress for her damages.
Legal Case Adds Complexity to Political Situation
This case introduces another legal dimension to the political turmoil within JSP Nepal in Lumbini. The situation raises questions about the authority of party bodies, the roles of officials in the Provincial Assembly, and the processes for dismissing lawmakers.
The case’s outcome will hinge on the evidence presented and the court’s findings regarding the disputed correspondence. Currently, these remain allegations in a legal petition, and the court will decide whether any wrongdoing occurred and if the letter should be deemed invalid.