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परामर्शमा सभामुख – Online Khabar

Speaker Initiates Investigation Into MPs for Misconduct in Parliament

Speaker Dol Prasad Aryal has begun consultations with parliamentary secretariat staff regarding an investigation into MPs who displayed improper behavior in parliament. During the House of Representatives session on Sunday, some MPs and marshals sustained minor injuries amid opposition protests and altercations. Under the new rules, the Speaker has the authority to warn, expel, or suspend MPs for up to 15 days for misconduct.

May 31, Kathmandu – Speaker Dol Prasad Aryal is consulting with secretariat officials about investigating MPs who engaged in disorderly conduct during parliamentary sessions. Opposition MPs surrounded the Speaker’s podium on Sunday, leading to raised slogans and scuffles during the ongoing discussion on the House of Representatives procedural rules. The opposition demanded that the proposed amendments be sent to a parliamentary committee for discussion.

However, after clause-by-clause discussions concluded, the Speaker proceeded with the approval or rejection process despite opposition objections. Amid the resulting pushing and shoving, some marshals were injured and others sustained minor wounds, according to parliamentary secretariat sources. Several MPs were also reportedly hurt. Some MPs lifted chairs during the commotion. The Speaker has internally consulted on investigating the conduct of those involved.

Rules mandate that MPs must stand to attract the Speaker’s attention, speak only after being named by the Speaker, and refrain from criticizing the Speaker except on proposals regarding Speaker conduct. The use of rude, obscene, insulting, or objectionable language, as well as speech opposing public decorum or morality, is prohibited. MPs must not demean any individual, caste, religion, language, or gender, nor use unparliamentary terms.

The rules’ clause 30 allows the Speaker to issue warnings to MPs exhibiting disorderly conduct. MPs must immediately improve their behavior following such a warning. Failure to comply may result in an order to leave the chamber. If an MP does not obey, the Speaker can enlist marshals’ help to escort them out. Expelled MPs cannot participate in meetings of the House or committees for three days. The secretary informs relevant committees and parliamentary parties accordingly. Further disciplinary action is provided for under rule 32 concerning suspension.

Under rule 32, the Speaker can suspend MPs who repeatedly disrupt proceedings, behave inappropriately, or violate rules. Suspension proposals must be presented immediately during the session and cannot be amended or postponed. Suspended MPs are barred from attending House and committee meetings for up to 15 days. According to former Federal Parliament Secretary Som Bahadur Thapa, while incidents of misconduct have been frequent in Nepal, disciplinary actions have been relatively rare.

He noted, “During the multiparty system era, four MPs—Bhima Bahadur Shrestha, Jagrit Bhetwal, Dronacharya, and one other—were suspended during the National Panchayat.” Misconduct has continued even after the advent of multiparty democracy. On August 18, 1996 (2 Bhadra 2053 BS), then Speaker Ram Chandra Paudel allowed MP Hridayesh Tripathi of the Nepal Sadbhavana Party to speak from his seat, but Tripathi refused and went to the rostrum. After the Speaker’s warning, Tripathi did not comply and was eventually escorted out with marshals’ assistance and suspended for one day.

In a previous House of Representatives session, MP Amaresh Kumar Singh took off his clothes in protest over being denied urgent speaking rights. On April 7, 2023 (25 Baisakh 2080 BS), Singh removed his shirt and undershirt, which drew opposition from other MPs. Then Speaker Devaraj Ghimire reminded him of rule 21 (kha) ‘gha’ and warned him to rectify his behavior. Singh dressed and left, and no further action was taken.

Another example is from the second Constituent Assembly, where Maoist MPs caused damage opposing attempts to forcibly run the parliament. On November 18, 2010 (3 Mangsir 2067 BS), then Speaker Subas Nembang allowed Finance Minister Surendra Pandey to present the budget speech, but Maoist MPs surrounded the minister, seizing his briefcase and causing disruption. The session began at 1 a.m. and faced significant delay. Approximately 700,000 NPR in damages occurred. A committee was formed to investigate; however, no report was submitted, so no action was taken.

During the first Constituent Assembly, MP Vishwendra Paswan threw a chair through a window and staged a hunger strike outside the chamber, claiming intimidation, but no disciplinary action was taken. However, there have been instances of penalties, such as on June 20, 2011 (5 Ashar 2068 BS), when then Minister for Local Development Urmila Aryal was denied the floor, prompting the Speaker to deploy marshals to suspend four MPs for seven days.

Some disciplinary cases were overturned; for example, in the first Constituent Assembly, MP Sanjay Sah broke a microphone after being denied speaking rights and was suspended for 10 days. However, the Supreme Court ruled the fine unconstitutional, leading to its revocation. In the National Assembly session of 1993 (2050 BS), MP Golche Sarkee of the CPN-UML was suspended for seven days after slapping then Minister Ram Chandra Paudel. Sarkee defended his action as a reaction to provocation.

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