I am a conscious Nepali citizen and am working as a social worker. I have been raising voice in favour of democratic values, customs and principles of inclusiveness, racial harmony, multilingualism and protection of identies.
The opponents deprived me of the opportunity to serve on the SMC because I am a madhesi and belong to the Dalit community and thus violated the law. The opponents action violated my citizens right enshrined in section 3 and 4 of Civil Rights Act, 1955 and therefore I have come to seek remedies from this court as per section 8(2) of judicial Administration Act, 1991. The election for the chairman of school management committee(SMC) of Mahalaxmi Primary School, Kapasi Karma, was held on December 29,2013. I got 58 votes but the opponents did not validate the last ballot paper though the larger part of the stamp was in my column. The opponents invalidated the last ballot paper and declared that top two contestents had a tie. The opponents then tosed a coin when went in my favour.
I won the election and even the documents were prepared to this effect, This process was again bypassed and it was decided that the winner will be selected through lottary system. The opponents conspired against me and wrote to paper pieces both of which had the word 'defeated'. The other opponent did not open his paper and threw it away, Thus all the opponents who are of pahadi (hill origin)conspired against me who was the only candidate from madhesi origin. The opponents violated rule 23 of education regulation and other existing education measure. The opponents did not give me any opportunity to present my points of arguments. The moment I won 58 votes and my opponent-2 won 57 votes , opponent-2 said that opponent-4 should be declared winner and I should be declared loser and this reflected his hatred towards me, who is a member of madhesi Dalit community. This selection committee, officer, staff of opponent no-3, police all is from the pahadi community and the candidate opponent no-4 is also from the same community. Thus the opponents have violated section 3 (1)(2) of the untouchability crime elimination and punishment Act, 2011 which prohibits discriminations against anybody on the basis of caste, ethnicity, and profession. Of the 123 guardians, 84 have filed a complaint at the DEO demanding reelection, but the education body paid no heed to their demand. Thus the decision by the opponent-1,2 and 3 to declare opponent-4 the winner is illegal and should therefore be quashed.
Sabitri Chamar who was my representative was not allowed to enter the election venue. Thus the opponents violated my right to be elected to a public post and guaranteed by section 3 and 4 of the civil rights Act. I hereby, seek nullification of the election held for school management committee and issuance of new appropriate order in the name of the opponents to hold fresh election for the same.
Applicant
Murali Chamar
The opponents deprived me of the opportunity to serve on the SMC because I am a madhesi and belong to the Dalit community and thus violated the law. The opponents action violated my citizens right enshrined in section 3 and 4 of Civil Rights Act, 1955 and therefore I have come to seek remedies from this court as per section 8(2) of judicial Administration Act, 1991. The election for the chairman of school management committee(SMC) of Mahalaxmi Primary School, Kapasi Karma, was held on December 29,2013. I got 58 votes but the opponents did not validate the last ballot paper though the larger part of the stamp was in my column. The opponents invalidated the last ballot paper and declared that top two contestents had a tie. The opponents then tosed a coin when went in my favour.
I won the election and even the documents were prepared to this effect, This process was again bypassed and it was decided that the winner will be selected through lottary system. The opponents conspired against me and wrote to paper pieces both of which had the word 'defeated'. The other opponent did not open his paper and threw it away, Thus all the opponents who are of pahadi (hill origin)conspired against me who was the only candidate from madhesi origin. The opponents violated rule 23 of education regulation and other existing education measure. The opponents did not give me any opportunity to present my points of arguments. The moment I won 58 votes and my opponent-2 won 57 votes , opponent-2 said that opponent-4 should be declared winner and I should be declared loser and this reflected his hatred towards me, who is a member of madhesi Dalit community. This selection committee, officer, staff of opponent no-3, police all is from the pahadi community and the candidate opponent no-4 is also from the same community. Thus the opponents have violated section 3 (1)(2) of the untouchability crime elimination and punishment Act, 2011 which prohibits discriminations against anybody on the basis of caste, ethnicity, and profession. Of the 123 guardians, 84 have filed a complaint at the DEO demanding reelection, but the education body paid no heed to their demand. Thus the decision by the opponent-1,2 and 3 to declare opponent-4 the winner is illegal and should therefore be quashed.
Sabitri Chamar who was my representative was not allowed to enter the election venue. Thus the opponents violated my right to be elected to a public post and guaranteed by section 3 and 4 of the civil rights Act. I hereby, seek nullification of the election held for school management committee and issuance of new appropriate order in the name of the opponents to hold fresh election for the same.
Applicant
Murali Chamar
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