Controversy Erupts in Karnali Provincial Assembly Over Secretary's Tenure Beyond Age Limit

Surkhet. Speaker Nanda Gurung is working on a war footing to ensure the continuation of Karnali Provincial Assembly Secretary Jivraj Budhathoki, who has already crossed the age of 65.

Secretary Budhathoki had informed the secretariat staff on Chaitra 16 that he would resign, citing that he had reached the age limit. However, after Speaker Gurung expressed her intention to keep him in the position, Budhathoki has made a 'U-turn' on his decision to resign.

This issue has created confusion within the Karnali Provincial Assembly. Both staff members and lawmakers are surprised as to why Speaker Gurung wants to continue the tenure of a secretary who is set to retire due to the age limit.

Speaker Gurung is so active in ensuring Budhathoki's continuation that sources claim she herself sought an opinion from the Office of the Chief Attorney. According to sources, Gurung wrote a letter to the Office of the Chief Attorney on Sunday.

The letter, obtained by Ratopati, states at the beginning that Budhathoki reached the age limit on Chaitra 4 while in office.

'Section 8 of the Karnali Provincial Assembly Secretariat Act 2075, regarding the qualifications required for the secretary, includes a provision that the person must be over 40 and not exceed 65 years of age,' the letter states, 'However, Section 10 does not explicitly mention the 65-year age limit in the event of a vacancy in the secretary's position.'

Karnali Provincial Assembly Secretary Budhathoki crosses 65, confusion over continuation or retirement

Gurung has requested an opinion via letter under Article 160, Sub-article (5) of the Constitution of Nepal, asking whether it is permissible for the secretary to continue working if he has not completed his five-year term as per Section 9 of the Act, but has reached the age of 65.

A provincial assembly staff member says, 'Generally, reaching 65 means retirement. But it is surprising why the leadership of the legislature is so active in continuing a secretary.'

Speaker Gurung previously held a discussion on this matter in her office on Wednesday, where she threatened staff with legal action when they asked her to provide a written order to avoid future problems.

Secretariat staff had suggested that if the Speaker wanted him to continue working, she should provide a written order. The staff intended to facilitate financial activities if the Speaker officially ordered the work to continue.

However, Speaker Gurung said, 'I will not give it in writing.' Instead, she told the staff, 'If you think this person is ineligible, you go to court,' a staff member reported.

The secretary holds all authority, including financial, in the provincial assembly. The staff member mentions that due to the lack of a decision regarding the secretary, there are problems in paying the salaries of staff and lawmakers.

'Actions should not raise questions on the dignity of the legislature'

The issue of Secretary Budhathoki has raised widespread questions. He had already completed one term and was appointed as the Provincial Assembly Secretary for the second time on 081 Jestha 13.

Serious questions have been raised about him, ranging from receiving lakhs of rupees by keeping his own wife as a personal assistant to taking dual benefits. Previously, the Commission for the Investigation of Abuse of Authority (CIAA) had sent him a letter inquiring about the dual benefits.

Lawmakers and staff have questioned why he is not willing to step down even after reaching the age limit. Currently, the services and facilities for the personal assistants of provincial assembly members have been halted. However, Budhathoki's wife, who serves as his personal assistant, continues to receive her regular salary.

Some lawmakers from her own party are expressing surprise as to why Speaker Gurung is pushing to continue the tenure of Secretary Budhathoki, who is surrounded by various questions.

Legal expert and Congress Parliamentary Party Chief Whip Hikmat Bista states that the phrase 'over 40 and not exceeding 65' in the Provincial Assembly Secretariat Act implies retirement after that age.

'The principle of legal interpretation is that if the words give a clear meaning, then the meaning of the words should be applied; if there is ambiguity in the words, then the sentence should be interpreted,' he said, 'If it still cannot be clarified, then the intention of the legislature must be understood.'

Bista states that the intention of the legislature was not for someone to keep working beyond 65, into their 70s, 80s, or 90s.

In his understanding, the straightforward meaning and tradition is to retire upon reaching 65, and it is the Speaker who should decide and conclude this.

'But what the Speaker's interest is, or what it is, she is not willing to let go; that is something only the Speaker would know,' he added.

He also mentions that they have asked the Speaker to make this decision quickly. 'The point is that no action should be taken that raises questions about the dignity of the legislature,' he added.