Nepali Congress lawmaker Tek Bahadur Gurung’s suspension has been lifted.
The Supreme Court had revoked Gurung’s suspension on March 29.
The Federal Parliament Secretariat said that the Supreme Court’s order is being implemented.
“A brief order has been received from the Supreme Court. The order has been moved ahead for implementation,” said Ekram Giri, spokesperson for the Federal Parliament Secretariat.
Preparations are also on to publish a notice about the revocation of Gurung’s suspension.
Gurung will now receive all the perks and facilities except meeting and travel allowances for the time period since the House of Representatives began.
Lawmakers with a house in Kathmandu receive Rs 81,070 in perks and facilities every month while those without a house in Kathmandu receive Rs 90,070.
Gurung had filed a petition at the Supreme Court demanding that his suspension be lifted. Hearing the petition on March 9, a joint bench of Justices Manoj Kumar Sharma and Binod Sharma had revoked Gurung’s suspension.
The Commission for the Investigation of Abuse of Authority (CIAA) had filed a corruption case against Gurung on January 26, 2019.
Gurung was elected to the House of Representatives from Manang in November 2022. The Federal Parliament Secretariat had suspended him on December 27, 2022, saying the corruption case lodged against him by the CIAA was sub judice at the Special Court.
The Secretariat had said that he was suspended as per the legal provision of automatic suspension until acquittal from the corruption case according to Section 33 of the Prevention of Corruption Act, 2002.
“In case any public servant is detained pursuant to Clause (c) of Subsection (1) of Section 28, Sub-section (3) of Section 30 and Section 31, he/she shall ipso facto be suspended until the period of detention and if a case is filed against him/her pursuant to Section 36, he/she shall ipso facto be suspended unless and until the proceedings of the case is over,” Section 33 of the Act states.
The Special Court had found nine persons including Gurung guilty in the corruption case on February 28 last year but did not jail him and just fined him. Gurung was found guilty of committing corruption by charging a lower rate of rent while he was director of the Fun Park at Bhrikuti Mandap. The provisions for ineligibility of lawmaker require the person to be jailed and not just ruled guilty in criminal cases including corruption.
Gurung had then lodged a writ petition at the SC on March 5, 2023, demanding revocation of the suspension arguing that he was not jailed in the case and pointing at other discrepancies in the process of suspension.
