Ward chairpersons and employees of the Kathmandu Metropolitan City (KMC) defied Mayor Balen Shah’s directive by allowing Chief Administrative Officer Saroj Guragain to enter the KMC office on Thursday.
Following Mayor Shah’s instructions, a team of municipal police had been deployed on the KMC premises to prevent Guragain from entering the office. However, ward chairpersons and employees, engaging in a scuffle with the municipal police, escorted Guragain into the office. Deputy Mayor Sunita Dangol also supported the move. She held a meeting in the absence of Mayor Shah. Guragain and the ward chairpersons also took part in the meeting.
Why did Deputy Mayor Dangol and the ward chairpersons allow Guragain to enter the office against their own mayor’s directive? Why did they hold a meeting without the mayor?
We spoke to Deputy Mayor Dangol and some ward chairpersons regarding the matter.
Ishwar Man Dangol, chairperson of Ward No. 15, said that the KMC’s condition had become extremely dire without the chief administrative officer, forcing them to defy Mayor Shah’s directive and allow Guragain to enter the office.
“This isn’t just about the mayor, it’s about institutional interests,” he said. “Whoever has done wrong should face action. In Guragain’s case, the task force formed to investigate hasn’t specified what wrongdoing was committed, so he can’t be barred from entering the office based solely on an assumption of wrongdoing.”
He added that if Guragain had committed wrongdoing, it should be clarified under which law it was committed, and action should be taken accordingly.
“Neither Mayor Balen Shah nor the task force has been able to provide evidence of Guragain’s wrongdoing. The executive body is the highest authority of the metropolitan city, yet such an important issue hasn’t been brought to the executive meeting. Despite our repeated demands, no executive meeting has been called. Shouldn’t such a serious matter be tabled and discussed in the executive body?” Dangol said.
He said that the KMC’s operations had never in its history been brought to a halt in this manner, adding, “Employees haven’t received salaries for three months. Teachers haven’t been paid for five months. It’s unfortunate that the work of the entire metropolitan city is obstructed because of one individual. That’s why we decided to take the initiative ourselves.”
Saroj Dhakal, chairperson of Ward No. 31, argued that there was no reason to obstruct Chief Administrative Officer Guragain as he had returned to work after completing his leave. “In his absence, payments to construction contractors and salaries of employees salaries had been held up,” he said. “Now he has come. There was some obstruction when he entered the office, but despite that he has resumed his duties. Now the stalled work of the metropolitan city will again move forward continuously.”
Nabin Manandhar, chairperson of Ward No. 17 and KMC spokesperson, also noted that the situation necessitated reinstating Guragain as the employees and workers had not received salaries for a long time. “Even though municipal police surrounded the area today, he will be able to work comfortably from tomorrow,” he said. “All stalled work of the metropolitan city will resume from tomorrow, and services will be provided smoothly.”
Deputy Mayor Sunita Dangol has also urged Mayor Shah to seek solutions through discussion by attending meetings rather than staying inside the room. “After being sent by the ministry, the chief administrative officer came to report for duty,” she said. “It’s not a good thing that his arrival led to a clash. It’s not good for employees to fight among themselves.”
Ward chairpersons and employees, with Guragain in the middle, had pushed through the municipal police and escorted him inside the office. When Guragain entered the KMC office, his chamber was locked. Attempts to break the lock were stopped by municipal police, and the glass on the door was also shattered during the process.
The KMC had barred Chief Administrative Officer Guragain from entering the office following dispute over the approval for construction of Kathmandu Tower at Old Bus Park. The KMC alleges that Guragain committed corruption while approving the design of Kathmandu Tower. Therefore, Mayor Shah and his team are determined to prevent Guragain from entering the KMC office under any circumstances.
On the other hand, the federal government has not accepted the metropolitan city’s allegations. It maintains that since the accusation of corruption against Guragain hasn’t been proven, he should be allowed to return to work.
Setopati previously conducted a detailed investigation into the Kathmandu Tower design approval. It was found that Mayor Shah himself had given approval to the design, with his signature on the decision.
As per the initial agreement, Kathmandu Tower was supposed to be completed by 2019. However, after Shah took office as KMC mayor, it came to light that the design of the tower, whose construction timeline was repeatedly extended, had not even been approved.
Upon discovering that the design had not been approved, Mayor Shah fined Jaleshwar Swachhanda Bkoi JV, the contractor company, Rs 500,000 on December 18, 2023. At that time, the KMC also decided to approve the design of Kathmandu Tower after making the contractor company pay the fine and required fee as per the law. Balen himself signed on the decision.
In the decision, the then-chief administrative officer opined that, under Section 38 of the Local Government Operation Act 2017, it would be appropriate to approve the design after imposing a fine. According to the provision in Section 38 of the Act, the chief administrative officer can extend the deadline for a building's construction by two years by charging fee as per the law.
According to the Local Government Operation Act, the mayor has the authority to impose fines on structures whose designs have not been approved, while the chief administrative officer approves the designs of structures.