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Probe committee decides to expel Speaker from parliament meeting if indecent and provocative words are used, urges Speaker to use special privileges immediately

सभामुखलाई विशेषाधिकारको तत्काल प्रयोग गर्न सुझाव

Kathmandu. The committee formed to investigate into the incident of Jestha 17 of the House of Representatives has suggested the Speaker to use the privileges conferred on him immediately.

The committee has suggested that the Speaker should strictly implement the regulations and make provisions ranging from removing such expressions from the record of the parliament to expelling them from the parliament meeting in case of use of indecent and provocative words.

The committee has suggested that the members themselves, the Federal Parliament Secretariat and the Speaker should take seriously the issue of fully abiding by the code of conduct and rules mentioned in the House of Representatives Regulations.

Similarly, the committee has been asked to raise awareness on orientation and code of conduct, make the role of party leadership and chief whips effective, improve security and technology management, emulate international good practices, activate the Conduct Monitoring Committee, strengthen the human resources and technology of the Parliament Secretariat, enhance internal discipline and accountability of the political parties, manage precedent, systematize CCTV surveillance and record management. It has suggested to make administrative facilitation more effective.

In the meeting of the House of Representatives held on June 3, the Speaker had directed the government to form a probe committee to investigate into the incident that took place on June 30.

The committee comprises Secretary of the House of Representatives Prakash Adhikari, Chief of Internal Resource and Planning Management Division Babita Mishra and Chief of Technology Management Division Gopal Sigdel as members.

The committee prepared the report after analyzing the field records, collection of audio-visual evidences, statements of eyewitnesses and related documents. The committee was given seven days to submit its report. The committee had submitted its preliminary report to Speaker Aryal on June 9.

The Committee has concluded that there were breaches of parliamentary decorum, weakness in implementation of the regulations, lack of patience and managerial challenges in the incident on that day.

Key points of the report

What did the committee find in the inquiry?

The probe committee had studied the police reports, press releases, audio-visual materials, statements of eyewitnesses and other related documents related to the incident that took place inside the House of Representatives meeting on May 1.

According to the description from the official video footage:

Opposition party members Yubaraj Dulal and Ain Bahadur Mahar objected to the violation of Rule 56 of the House of Representatives Regulations, 2083 BS after the Prime Minister raised his hands and asked for time from the House of Representatives.

After that, a response program was held with the Prime Minister. Some opposition members including Dhruba Rai stood up and started protesting as the Prime Minister left the meeting after the question-answer session.

The Speaker drew the attention of the opposition members to the behaviour of the opposition members and to correct the language of Aren Rai and to make the behavior of the members dignified.

Meanwhile, there was a situation of dispute between some members of the ruling party and the opposition. The Speaker gave time to the members of the opposition parties to put their views and thereafter the meeting resumed.

The Speaker gave permission to Honorable Ganesh Parajuli, Chair of the House of Representatives Regulations Drafting Committee, to table the proposal seeking clause-wise discussion on the regulations.

After the discussions, the Speaker presented the amendments proposed by Narendra Kumar Kerung on the House of Representatives Regulations-2083 for a decisive decision.

The meeting resumed at 5 hours and 53 minutes when all the members of the opposition bench stood up from their seats in protest.

All the members of the opposition bench stood up from their seats and protested even after the Speaker gave time to Basana Thapa to put forth her views.

After 6 hours of the meeting, the members of the RPP stood up from their seats and protested, while the members of the opposition bench gheraoed the bell, after which the sloganeering was carried out.

During the chanting of slogans, the opposition members were heard chanting slogans such as “Mr. Speaker, our demands have not been addressed, maintain parliamentary decorum, close the door, the Speaker must be impartial, Mr. Speaker, how can it be passed when the opposition has a majority, a minority cannot pass it, such a speaker is not needed, resign, resign.”

After 6 hours and 8 minutes of the meeting, there was a scuffle between some members of the opposition party and the security guards. At the same time, despite the Speaker’s directive to the honorable members to maintain the decorum of the assembly and maintain the dignity of the assembly, there has been a scuffle between the members and the security guards.

During this time, one of the members who was surrounding the well was seen trying to climb up the Speaker’s dias, and he was brought down by the security guards.

Six hours and 10 minutes after the start of the meeting, the guards were seen trying to adjust the table to the left of the Speaker. However, there has been a tussle between the members and the security guards.

After 6 hours and 10 minutes, honorable member Bishnu Bahadur Khadka was seen hitting the chair with his foot. While the Speaker was directing the members to maintain the dignity of the House, Honorable Member Santosh Subba was seen climbing on the table and pointing his finger at the Speaker and he was seen stopping him as he tried to move towards the Speaker’s dias.

Meanwhile, honorable member Ringla Yadav was also seen climbing on the table and pointing fingers at the security guards saying “Oi maryadardars…… and he was continuously standing on the table and shouting slogans. After some time, he was seen again climbing the table and trying to move towards the Speaker and pointing fingers at the guards.

After 6 hours and 13 minutes, member Ganesh Parajuli was seen standing up and Ashok Kumar Chaudhary was seen standing up from the table while Samikshya Baskota, Ganesh Karki and Prakash Chandra Pariyar were seen pulling him down.

After that, after 6 hours and 13 minutes, honorable member Nita Ghatani was seen hitting the honorable person of the ruling party.

At the same time, honorable member Ringla Yadav was seen climbing the table of the ruling party and raising his hand in an angry posture towards the ruling party.

Meanwhile, member Khagendra Sunar was seen trying to stop the clash between the two sides. Meanwhile, in the midst of the protest, someone was seen throwing a microphone stand towards the ruling party.

After 6 hours and 14 minutes, the Speaker adjourned the meeting for 15 minutes after 6 hours and 17 minutes.

Honorable members of the opposition parties were seen sitting at both the doors of the House to stop the Speaker ever since the bell started ringing to start the meeting.

As the Speaker entered the hall, he was seen trying to stop him at the door. Thereafter, the members of the opposition were seen pushing the table in front of the Speaker’s seat and some parts of the table were broken. The Speaker started the meeting amidst the protest and it was seen that the security guards were trying to keep the Speaker safe by lifting the cushion.

While the Speaker was presenting the amendments on the draft of the House of Representatives Regulations for a decision, honorable member Ringla Yadav was seen shouting slogans from the table in the House while other honorable members were trying to drag him down. At the same time, honorable member Ringla Yadav was seen lifting the chair in the House and other honorable members were trying to stop him. At the same time, some honorable members of the ruling party were also seen moving forward.

Thereafter, the honorable member Kshitij Thebe picked up the microphone and the studgand that fell on the ground and allowed the honorable member to hold it behind and the honorable member was seen placing it on the table while another member was seen adjusting the chair that had fallen.

After some time, honorable member Ringla Yadav was seen again climbing on the table of the House and shouting slogans and he was seen moving towards the Speaker’s dias, leaning on the shoulders of other honorable members. At a time when there was protest and pushing, the honorable member was again seen standing on the table and shouting slogans like “We don’t need such a Speaker” and “We don’t need a Speaker to burn the country”.

During this time, the honorable member of the ruling party, Deepak Sah, was seen making a video call from someone’s mobile.

Honorable Ganesh Parajuli, Chairman of the Regulations Drafting Committee, was presenting a proposal for the passage of the House of Representatives Regulations-2083 BS while the honorable member Ain Bahadur Mahar was seen climbing on the shoulders of the honorable members and the guards to go towards the podium. During this time, the regulation was announced by a majority.

Second Meeting

Even before the commencement of the meeting, the honorable members of the opposition parties were seen standing in front of the rostrum and in protest, and after the entry of the Speaker, slogans like “Treasonous Prime Minister should resign” were seen being heard. Amidst the loud noise, Secretary at the House of Representatives, Prakash Adhikari, informed about the message received from the National Assembly regarding the ‘Election to the Members of the House of Representatives (first amendment) Bill-2083′ and the Voters’ List (first amendment) Bill-2083. The Speaker then adjourned the meeting for 15 minutes.

Third Meeting

Right from the beginning of the meeting, the honorable members of the opposition parties were seen standing in front of the rostrum and protesting till the end of the meeting. Minister for Law, Justice and Parliamentary Affairs, Sobita Gautam, presented a proposal seeking consideration on the amendment made by the National Assembly on the Voters’ List (first amendment) Bill-2083. As the names of any Hon’ble Members were not received to take part in the discussion on the said Bill, the motion seeking consideration of the said Bill was moved for decision and the meeting was adjourned after it was approved by majority.

According to the information received from the keeper

Some members climbed on the table and shouted slogans, while some members climbed on top of the crowd and tried to pull the mic of the dice.

The crowd got agitated and pushed and shuffled among the members, during which the bar of the table of the Speaker’s seat was broken and the wire of the time-signal lamp was broken.

At the same time, the nameplate of the Prime Minister and the National Swatantra Party on the first row of benches where the members were seated was broken. After this, there was a situation of hand-wringing between the members and the members of both sides did not allow the situation to deteriorate.

Some of the caps and uniforms of the guards were dragged and some of them lost their caps, some suffered minor injuries and the lost caps were returned the next day.

In the second meeting after the protest, all the opposition members blocked the doors of the Speaker before the bell rang. As a result, some members fell when the Speaker was pushed to remove the members at the door on the west side.

After the protest in the first meeting, all the security guards deputed in the National Assembly were called in the second meeting, but the opposition members were able to come close to the DICE as the security guards could not form the security fence due to the lack of space in front of the house.

It is necessary to coordinate with the security guards and the employees deputed from the Secretariat regarding security vigilance and provide the necessary physical materials (such as live broadcast display screens, office rooms, etc.) to the security guards.

According to the details of the meeting

The first meeting of the House started at 1:25 pm under the chairmanship of the Speaker but after the question and answer program with the Prime Minister, the meeting was adjourned at 7:40 pm and the meeting was resumed at 8:50 pm.

The second meeting of the House had commenced at 9.45 pm and was adjourned at 9.50 pm.

The third meeting of the House commenced at 10:05 pm and was adjourned at 10:15 pm.

A series of disruptions: The meeting was adjourned repeatedly after opposition members came to the well and raised slogans.

Attempt to pull the dice: Some members tried to pull the seat of the Speaker and use physical force in the audio conferencing system.

According to the information received from the police report

Audio Conferencing System: The stand with two microphones in front of the speaker’s dias, the microphone wires on the carpet in the vacant space in front of the dias, and the microphone is in a state of disarray.

Dias in front of the Speaker: The right corner of the table in front of the chair where the Honorable Speaker sits has cracked and the wooden fence attached to the front of the table has been broken.

Door: The right side of the entrance door on the north side of the House of Representatives is injured and the chisel is broken.

Other content: Clips worn by female members inside the hall and the pen holder that has faded when it is broken

What is the provision of action in violation of the rules?

According to the provisions of the House of Representatives 2083,

Rule 30. Warning: The Speaker may warn a Member who behaves indecently in a meeting to control his or her behaviour and upon receiving the warning, such Member shall immediately control his/her behaviour.

Rule 31. (1) The Speaker may order a Member who does not comply with the order referred to in Rule 30 to leave the Chamber. Upon receipt of the order, such Member shall have to leave the House immediately and he/she shall not be allowed to attend the meeting during the remaining period of that day.

(2) In case such a Member does not leave the Chamber immediately after receiving the order pursuant to Sub-rule (1), the Speaker may expel such a Member from the House of Representatives.

(3) A Member expelled from the House pursuant to Sub-rule (2) shall not be entitled to participate in any meeting of the House or any Committee for the next three days. The Secretary shall give information thereof to the concerned Committee and the Parliamentary Party.

Rule 32. (1) The Speaker may designate the name of the Member who disregards the Speaker’s seat or knowingly obstructs or behaves indecently in the proceedings of the House or knowingly violates or contempts the Constitution or these Rules.

(2) If a motion is moved by any Member for the suspension of the Member named pursuant to Sub-rule (1), the Speaker shall immediately submit the motion to the sitting for decision and no amendment or adjournment motion shall be allowed to discuss the motion.

(3) If the motion pursuant to Sub-rule (2) is adopted, such a Member shall be deemed to have been suspended and the Member so suspended shall not be allowed to attend the House and the sittings of the Committee for not more than Fifteen days thereafter.

(4) The Member who has been suspended pursuant to Sub-rule (3) shall have to leave the Chamber immediately.

(5) If a suspended Member does not leave the Chamber of the House pursuant to Sub-rule (4), the Speaker may issue an order to the security guard to expel him/her.

(6) If any Member is suspended or such suspension is lifted pursuant to this Rule, the Secretary shall give information thereof to the concerned Committee and the Parliamentary Party.

(7) In cases where the motion which has already been given prior notice by the Member who has been suspended pursuant to Sub-rule (3) has to be introduced in the House in a state of suspension, the Speaker may authorize any other Member to introduce the motion.

Rule 33. (1) Notwithstanding anything contained elsewhere in this Chapter, if any Member disturbs the peace, order and discipline in the Chamber or commits any destructive act or uses force or causes any physical loss or damage to the dignity of the Assembly, the Speaker may order the Guard of Honour to immediately expel him or her from the Chamber.

The Speaker may suspend the expelled member for a maximum period of fifteen days and order him to pay compensation for the physical goods damaged by him/her.

(2) A Member suspended pursuant to Sub-rule (1) shall not be allowed to attend the House or any Committee meeting during that period.

(3) If any Member is suspended or such suspension is revoked pursuant to this Rule, the Secretary shall give information thereof to the concerned Committee and the Parliamentary Party.

(4) Notwithstanding anything contained elsewhere in these Rules, the Speaker may, after the conclusion of the sitting, suspend such a Member for not more than Fifteen days and order him or her to pay compensation for the physical goods damaged by him/her even if he or she comes to know that any Member has behaved objectionably or destructively behaved in a meeting or caused material loss or damage to the House of Assembly.

Provided that, the Speaker shall give a reasonable opportunity to the concerned Member to present his/her explanation before issuing such order to take such action.

Rule 34. Notwithstanding anything contained elsewhere in this Chapter, if the expelled or suspended Member submits a satisfactory clarification or apologizes by admitting his mistake, the Speaker may pardon such a Member and withdraw the action.

Rule 35. Power to adjourn the Sitting: The Speaker may, if there is disorder within the Chamber or is about to take place or if it seems that there will be obstruction in conducting the meeting regularly, the Speaker may adjourn the meeting for any time of that day or for a period as determined by him/her. No Member shall raise a question against such adjournment by the Speaker.

Rule 260. Interpretation of Rules: The Speaker shall have power to interpret these Rules and his/her decision shall be final. Information of such decision shall be given to the meeting.

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