A group of 32 members of the Non-Residential Nepali Association Australia have commenced proceedings in the Victorian Supreme Court, seeking to declare the organisation’s recently held elections as invalid and bar the newly elected committee from taking up their duties.
The NRNA held its national elections across Australia’s capital cities and territories on 6 July 2019, with candidates vying for a two-year term.
However, in court documents sighted by SBS, the group led by Mr Ganesh Gautam claim the elections were conducted despite numerous complaints of by-law breaches by the NRNA including bulk membership payments, alleged illegal usage of member’s confidential personal information and changing the rules after the elections were declared.
In his affidavit filed to the Supreme Court to support his claim, Mr Gautam said he was one of the more than 11,000 financial members of the NRNA who were directly affected by the “actions or inactions” of the organization.
The Supreme Court in Melbourne, VIC. Source: AAP Image/Mal Fairclough
“The elections were conducted in total breach and disregard to the constitution and the by-laws governing the NRNA”, Gautam said in his statement to the court.
He further alleged, “Ineligible members were allowed to vote and confidential (member) data misused” to send bulk SMS messages promoting a Presidential candidate and his team.
Mr Gautam has also accused the organization of allowing bulk membership payments by third parties, shortly before the elections.
Among the names, he has submitted to the court, he has accused up to ten people making more than 450 membership payments, with just one-person accused of making 150 payments.
A number of candidates contesting for the 2019-2021 term have also been accused of contesting under a “political umbrella” of Nepali Congress, the main opposition party in Nepal.
This according to Gautam, is a breach of NRNA regulation.
Newly elected NRNA Australia team after swearing in ceremony in Melbourne. Source: Facebook
"Sore losers or rightful claim?"
Ganesh Gautam and his group of plaintiffs also took part in the recent elections and the supporters of NRNA accuse them of being ‘sore losers’, challenging the outcome of the election due to their loss.
Mr Gautam denies this accusation and says he raised the issues multiple times long before the elections were held.
“We went to court as a last resort”, Gautam told SBS Nepali.
“We tried to resolve the problems numerous times but they always fell on deaf ears. Pressure was put on us not to take the matter to court and to forget the matter.”
He is adamant that his election loss had nothing to do with the legal route they have chosen to take.
“NRNA should be transparent and should be run for the purpose of benefiting the entire Nepali community in Australia.”
“If the then executive committees were working for the community then they would not have taken unconstitutional measures”, says Gautam, accusing the leadership team of being “dictatorial”.
SBS contacted the newly elected NRNA Australia President Mr Keshav Kandel about the allegations against the organization.
“We haven’t received any official communications from the court so we cannot make any comment at the moment,” he said.
