October 19: The special general meeting (SGM) of Federation of Nepalese Chamber of Commerce and Industries (FNCCI) scheduled for Thursday has apparently become uncertain. The Patan High Court on Tuesday issued a stay order in a writ petition filed by the opponents of the SGM. The petitioners have demanded an injunction with interim order from the court to stop the SGM. 

The bench of Patan High Court Judge Bhim Kumar Ojha issued the interim order to keep the process of SGM ‘as it is’ till Wednesday. The court also ordered the opponents of the writ to submit a written reply within 15 days.

Former Senior Vice-President of FNCCI Bhaskar Raj Karnikar and Executive Member Govinda Raj Ghimire filed the writ mentioning that the amendment of statute is not possible through the SGM.  FNCCI, Executive Committee, President Pashupati Murarka, Deputy Director General Meena Shrestha and District Administration Office, Kathmandu were mentioned as opponents in the writ. 

The petitioners argued that the Executive Committee has called out the SGM illegally ignoring the constitutional right and statute of FNCCI. Similarly, they also mentioned SGM as a conspiracy in order to automatically promote Senior Vice-President to President ignoring the open competition in the name of statute amendment. Senior advocate Shambhu Thapa along with advocates Tika Ram Bhattarai and Gopal Dutt Pandey argued on behalf of the writ petitioners.

The court has called both parties to understand the issue of writ petition on Wednesday.  The court may issue order to stop or continue the SGM on Wednesday after hearing the arguments from both sides. If the SGM is stopped, the amendment of FNCCCI statute will be obstructed and the next general meeting will have to elect the president and the executive committee.

Meanwhile, if the statute gets amended, Vice-President Bhawani Rana will easily become the President of FNCCI and the race of Bhaskar Rajkarnikar for the post of President will end with the amendment.

The executive committee called the SGM to amend the statute in order to create the new structure of the organisation as per the federal model of the country and implement a system where the senior vice-president will automatically become the president. However, the writ petitioner Rajkarnikar argues that the statute amendment could be done only through the AGM of the organisation. "The statute amendment process itself is invalid," he says, adding, "The amendment attempts to serve the interest of a particular person."

President Pashupati Murarka, meanwhile, says that the amendment process is not being carried out in favour of a particular individual. However, former presidents and officials of FNCCI are divided over amendment of statute before the AGM.

Former presidents Mahesh Lal Pradhan, Suraj Vaidya, Anand Raj Mulmi and Binod Bahadur Shrestha have openly objected the statute amendment. Meanwhile, Kush Kumar Joshi has maintained his silence on the issue, whereas other former Presidents are in favour of the amendment.

The existing statute of the FNCCI was formulated on 1993. Later, the statute was amended on 2005 through a SGM. "The amendment of 2005 has clearly established the mechanism for the amendment of the statute. It should be done through the AGM not SGM," he says.

Nonetheless, Murarka refutes the claims of Rajkarnikar. “Some former presidents who are not able to get desired roles are objecting the process,” he says. "Amendment of statute is required in a bid to stop interests of individuals and group politics in the FNCCI.”

 The opposing side has been blaming that amendment is being carried out just to stop Rajkarnikar from becoming the President.