Bagmati govt files writ against federal govt


October 30, 2023


Bagmati govt files writ against federal govt

Supreme Court of Nepal/File photo.

HETAUDA: The Bagmati Province government has taken legal action by filing a writ in the Supreme Court against the federal government.

Laxman Lamsal, the Minister of Labor, Employment, and Transport for the Province, submitted the writ against six agencies, including the Office of the Prime Minister and the Council of Ministers.

The writ seeks the annulment of the Urban Area Public Transport (Management) Authority Act, 2079, enacted by the Federal Parliament. This authority has been established to oversee transportation in the Kathmandu Valley under the Bagmati Province.

The writ argues that “The Bagmati government has been enacting essential laws to ensure an efficient transportation system, issuing route permits, facilitating electronic fare payments, and determining fares. The federal government’s interference with the exclusive jurisdiction of the provincial government and the alteration of the provincial reserve fund’s nature would cause irreparable harm to the provincial government.”

There are currently eight offices in Kathmandu Valley under the jurisdiction of the Ministry of Labor, Employment, and Transport of the Bagmati Province Government.

Of the province’s total revenue of 12.53 billion rupees, 11.12 billion rupees have been generated from the offices in the Kathmandu Valley alone.

Given that 14 percent of the provincial government’s income is derived from the transportation sector, the implementation of the currently established Authority would result in the entire management of transportation and revenue collection in the Kathmandu Valley being consolidated under this authority. This could potentially lead to reduced funding for the province’s operations and a clear infringement on the constitutional rights of the province,” the writ petition stated.

Minister Lamsal confirmed that a hearing has been scheduled for Tuesday.

Although the federal government has conceived the provision for forming such an Authority, it has not yet been put into effect.