Himal Press 
RSP President Rabi Lamichhane (right) submitting his request letter to Speaker Devraj Ghimire on Friday.
KATHMANDU: Rastriya Swatantra Party (RSP) President Rabi Lamichhane has submitted a request to Speaker Devraj Ghimire, demanding the revocation of his suspension from the position of member of the House of Representatives.
A team of RSP lawmakers, including Lamichhane, met Speaker Ghimire at the latter’s office on Friday and submitted the request.
In his request, Lamichhane has said that the investigation into the criminal charges against him has been completed, and the court has released him on bail.
Lamichhane argued in the letter that since he was released on bail by the Kaski District Court on January 9, he no longer falls under the condition of being in custody as per Sub-rule (3) of Rule 248 of the House of Representatives Regulations, 2022. “Regarding the information published under Section 27 of the Prevention of Money Laundering Act, 2007, it is clear that the House of Representatives Regulations, 2022, under Article 104 (1) and (2) of the Constitution of Nepal, were formulated by the federal Parliament to conduct its business, maintain order in meetings, and regulate the proceedings of the House or committees. As per these regulations and Article 103 (2) of the Constitution, the House has full authority to conduct its business and make decisions, and no court can question this. Therefore, the legal provisions of these regulations are final and sovereign for the operation of Parliament,” Lamichhane said in the letter.
He further mentioned that Rule 28 (3) of the regulations clearly states that if a person is charged with a criminal offense punishable by imprisonment for three years or more or involving moral turpitude, and is in custody, s/he remains suspended for the duration of the custody. “Since I am no longer in custody, it is clear that this provision does not apply to me,” the letter states.
Lamichhane also argued that the Prevention of Money Laundering Act, 2064, under Section 27, does not hinder the functioning of the House or its proceedings in any way. He wrote in the letter, “As per Sub-rule (3) of Rule 228 of the House of Representatives Regulations, 2079, since I, the petitioner, am not in custody, there can be no obstacle for me, as a sovereign citizen’s representative, to be present in Parliament and participate in the House’s proceedings as per the Constitution and laws.”
He also urged the Speaker to revoke his suspension under Sub-rule (5) of Rule 248 of the House of Representatives Regulations, 2022, and allow him to participate in the meetings.
Speaker Ghimire had suspended Lamichhane from the position of member of the House of Representatives on December 23. Lamichhane had been charged with cooperative fraud, organized crime, and money laundering in Kaski, Pokhara and Rupandehi districts.
