KATHMANDU:- A writ petition has been filed in the Patan High Court demanding a halt to the 12th General Convention of the Non-Resident Nepali Association (NRNA) and the online voting process being used in it.
A case was filed in court on Tuesday, demanding that the general convention process be kept as is, alleging that several members of the NRNA UK (NCC UK) are being disenfranchised and that elections are being held in violation of the constitution and that it violates UK data protection laws.
The writ petition filed by NRNA UK President Prem Gaha Magar has named the Ministry of Foreign Affairs of the Government of Nepal, the International Coordination Council (ICC) of NRNA, the secretariat of the association, the election committee, and NRNA presidents Mahesh Kumar Shrestha and Dr. Badri KC as respondents.
The writ petition is primarily based on the UK’s strict data protection laws. According to the petitioner, the personal details of around 22,000 members of NRNA UK are protected under UK law. UK law does not allow the details to be transferred to the ‘MRS’ system recently introduced by the NRNA Centre or to a third-party server that conducts the elections.
The petitioner has approached the court alleging that the election is being held excluding representatives from the UK, who constitute about 20 percent of the association’s total voters, due to technical and legal complications that prevent data from being transferred. “A general convention held with these members excluded cannot be a general convention of unity,” the writ states.
The petitioner has expressed serious mistrust in the online voting system. Recalling that there was serious fraud through online voting in the 2023 elections and that the dispute reached the court, it has been claimed that it is illegal to entrust the responsibility of conducting elections to a third party even now.
The writ petition states that forcing voters to provide email and ‘facial verification’ (selfie photo) to a third-party app for identification would be against the right to personal privacy. It also demands a mandate to hold elections only in the physical presence of representatives, saying that online voting is not practical when millions of Nepalis are stranded due to conflicts in the Middle East, including Israel and Iran.
The writ petition also claims that the role of the Ministry of Foreign Affairs is also against the law. It has been demanded that the order of the commission be quashed, saying that the ministry’s advice to proceed with the election process by participating online as per the provisions of the statute, when it is unable to be physically present, was given outside the law.
The petitioner has stated that he was forced to come to court after submitting a memorandum to the Minister of Foreign Affairs to address his demands, pursuing alternative remedies, but was not heard.
The petitioner has strongly demanded that an ‘interim order’ be issued pursuant to Rule 42 of the High Court Rules 2073 BS to not advance the election schedule of the 12th General Convention, not allow online voting, and not implement the letter from the Ministry of Foreign Affairs until the court delivers its final verdict.
The case has been filed in the court in the context of the NRNA General Convention being held from Falgun 30. Gaha Magar said that the filing of the writ petition has been scheduled for Wednesday.