A forgery case has been filed against Lumbini Provincial Assembly Speaker Tularam Gharti Magar and four others.
Ambika Kafle, a member of the Lumbini Provincial Assembly representing the Janata Samajwadi Party Nepal (JSP Nepal), filed the case at the Dang District Court against Speaker Gharti Magar, Provincial Assembly Secretary Durlabh Kumar Pun Magar, Secretariat spokesperson Lokmani Pandey, JSP Nepal parliamentary party leader Santosh Kumar Pandey, and Ajay Kumar Jha.
In the case filed on Tuesday, Kafle has accused the speaker, provincial assembly secretariat officials, and her own party’s parliamentary leader of forgery and fraud in connection with a letter used to remove her from her position as a provincial assembly member.
In her complaint to the court, Kafle claimed that the letter used to terminate her membership had been prepared without an official party decision or permission from an authorized office-bearer. She argued that she was removed on the basis of an unauthorized letter even though she had neither left the party, joined another political party, nor resigned from her position. She has demanded legal action against those responsible.
The dispute began after Chief Minister Chet Narayan Acharya sought a vote of confidence on August 17. The JSP Nepal parliamentary party in Lumbini initiated disciplinary proceedings against Kafle, alleging that she had not supported the chief minister in the confidence vote.
Acting on the recommendation of parliamentary party leader Santosh Kumar Pandey, the Provincial Assembly Secretariat issued a notice declaring Kafle’s seat vacant on the grounds that she had violated the party’s directive.
On September 7, a letter was registered with the Provincial Assembly Secretariat seeking Kafle’s removal. The letter reportedly used JSP Nepal’s name, letterhead, seal, and the authority of party office-bearers to request that she be stripped of her position. Based on that letter, the secretariat issued a notice on September 9 announcing her removal.
Kafle, however, maintains that the letter was not official and had been fraudulently prepared without authorization from the party.
“Contrary to the official position of the party’s central leadership, four individuals, including the parliamentary party leader, supported the chief minister in the confidence vote. As I was outside the province at the time, I could not attend the assembly session. They used that as a basis to take action against me, even though the party had already taken disciplinary action against all four of them,” Kafle said.
“Furthermore, a forged letter was sent to the provincial assembly by making Ajay Kumar Jha, who is not even an ordinary member of the JSP Nepal, as an authorized person. Despite being aware of this, the speaker, the provincial assembly secretary, and the spokesperson treated me unjustly, leaving me with no choice but to approach the court.”
Kafle had previously moved the Supreme Court against the Provincial Assembly Secretariat’s decision, arguing that she had been removed without the party’s authorization. On September 22, the Supreme Court issued an interim order directing that the decision to remove Kafle not be implemented.
Following the order, the implementation of the decision to remove Kafle was halted. However, she said that she filed a separate case at the district court against those involved because forgery and fraud had been committed to remove her from office.
In her complaint to the district court, Kafle has sought action against those responsible under Sections 276 and 277 of the National Penal Code, 2017, and other applicable laws.
She has also requested that the court examine the original copy of the disputed letter, registration and dispatch records, decisions of the Provincial Assembly Secretariat, and official correspondence maintained by the party.
Additionally, she has asked the court to verify the authenticity of the letterhead, seal, and signatures used in the document and investigate the roles of those involved in preparing and using it.
Kafle has sought a declaration that the disputed document is forged and fraudulent and therefore invalid. She has also requested legal remedies for the harm she says she has suffered.
The JSP Nepal had five members in the Lumbini Provincial Assembly. After four of them sided with the incumbent government, the parliamentary party initiated disciplinary proceedings against Kafle on the basis of its majority decision.
However, the party’s central leadership subsequently expelled all four members who supported the government, removing them from ordinary party membership. The central leadership has also notified the Election Commission regarding its decision.
The JSP Nepal currently has two ministers in the Lumbini provincial government.
The dispute over party directives, parliamentary party decisions, and Kafle’s removal from the provincial assembly has further intensified internal divisions within the party, turning the matter into a legal and political controversy.
