Lawsuit Filed in Nepal to Halt NRNA Global Convention Over Online Voting Concerns

A writ petition has been filed at the Patan High Court demanding a halt to the 12th Global Convention of the Non-Resident Nepali Association (NRNA) and the online voting process intended for use in the election.

The lawsuit, filed on Tuesday, seeks to maintain the status quo of the convention process, alleging that the election is being conducted against the bylaws by disenfranchising numerous members of the NRNA UK (NCC UK) and violating the UK's data protection laws.

The writ, filed by Prem Gaha Magar, Chairman of NRNA UK, names the Ministry of Foreign Affairs of the Government of Nepal, the NRNA International Coordination Council (ICC), the association's secretariat, the election committee, and the two NRNA chairpersons, Mahesh Kumar Shrestha and Dr. Badri KC, as defendants.

The core of the writ petition is based on the stringent data protection laws of the United Kingdom. According to the petitioner, the personal details of approximately 22,000 members residing in the UK are protected under UK law. The petition states that UK law prohibits transferring this data to the 'MRS' system recently adopted by the central NRNA body or to the servers of a third-party conducting the election.
Due to these technical and legal complexities surrounding data transfer, the petitioner has approached the court, arguing that the election is proceeding while excluding representatives from the UK, who constitute about 20 percent of the total voter base. "A general convention held by excluding these members cannot be a convention of unity," the writ asserts.

The petitioner has expressed serious distrust in the online voting system. Recalling the serious irregularities in the 2023 election conducted via online voting, which even reached the courts, the petition claims that entrusting the election to a third party again is illegal.

The writ mentions that compelling voters to provide their email and 'facial verification' (selfie photo) on a third party's app for identity verification violates the right to personal privacy. Furthermore, it argues that online voting is impractical while millions of Nepalis are stranded due to conflicts in the Middle East, including Israel and Iran, and demands an order for elections to be conducted only through the physical presence of delegates.

The writ also claims that the role of the Ministry of Foreign Affairs is against the law. It demands that the opinion given by the Ministry—allowing participation online as per the bylaws for those unable to attend physically—be nullified by a writ of certiorari, arguing that this opinion was issued outside the scope of the law.

The petitioner stated that they were compelled to approach the court after their memorandum submitted to the Foreign Minister seeking redress for their demands, following the pursuit of alternative remedies, went unheard.
The petitioner strongly demands that the High Court issue an 'interim order' under Rule 42 of the High Court Rules 2073, directing that the election schedule for the 12th convention not be advanced, online voting not be conducted, and the letter from the Ministry of Foreign Affairs not be implemented until the court delivers its final verdict.

The lawsuit was filed in the context of the NRNA convention scheduled to begin on Falgun 30. Magar stated that the hearing for the writ is set for Wednesday.