KATHMANDU: Rastriya Swatantra Party (RSP) Chairperson Rabi Lamichhane is contesting the House of Representatives election from Chitwan constituency No. 2 for the third time. However, even if he wins the election, he will not be able to assume any constitutional or executive position due to multiple ongoing legal cases.
Based on the increase in votes he received in the April 2023 by-election compared to the November 2022 general election, observers estimate that Lamichhane remains electorally strong in Chitwan-2. Nevertheless, unresolved court cases mean he cannot serve as a lawmaker, minister or prime minister even if elected.
Twice suspended from Parliament
After the parliamentary election process had already begun in November 2022, a complaint was filed at the Office of the Chief Election Officer in Chitwan demanding the cancellation of Lamichhane’s candidacy, citing questions over his citizenship.
The Election Commission allowed the election to proceed, stating that the process had already advanced. Lamichhane went on to win the election by a wide margin.
He secured 49,300 votes, while Nepali Congress candidate Umesh Shrestha received 14,888 votes and CPN-UML candidate Krishna Bhakta Pokharel garnered 14,652 votes. At the time, the CPN (Maoist Centre) had extended support to the Nepali Congress.
On January 27, 2023, the Constitutional Bench of the Supreme Court annulled Lamichhane’s parliamentary position, ruling that he did not meet the eligibility criteria under Article 87(1) of the Constitution and Section 12 of the House of Representatives Election Act, 2017.
The bench comprised then Acting Chief Justice Hari Krishna Karki and Justices Bishwambhar Prasad Shrestha, Ishwar Khatiwada, Anand Mohan Bhattarai and Anil Kumar Sinha.
After restoring his Nepali citizenship, Lamichhane contested the April 2023 by-election and was again elected with a landslide victory. He received 54,176 votes, while Nepali Congress candidate Jit Narayan Shrestha got 11,214 votes and UML candidate Ram Prasad Neupane secured 10,936 votes.
Cooperative fraud, money laundering cases
Despite increasing his vote share, Lamichhane later became embroiled in a cooperative savings embezzlement case linked to Gorkha Media Network, where he was a shareholder. Authorities allege that savings from five cooperatives were illegally channeled into the company.
Subsequently, cases were registered against Lamichhane on charges of cooperative fraud, money laundering and organized crime. On December 22, 2024, Kaski District Police filed cases at the Kaski District Court against Lamichhane and others.
Citing these cases, the federal parliament suspended Lamichhane on December 23, 2024, until the cases reach a final verdict.
Courts are currently hearing cases related to alleged savings fraud involving the Supreme Cooperative in Butwal, Surya Darshan Cooperative in Pokhara, Swarna Laxmi Cooperative in Kathmandu, Sahara Cooperative in Chitwan and Sano Paila Cooperative in Parsa. Charges of organized crime and money laundering are also under judicial consideration.
Dispute over withdrawal of charges
The government, through the Office of the Attorney General, initiated steps to withdraw the organized crime and money laundering charges.
On January 14, 2025, Attorney General Renu Bhandari decided to amend charge sheets filed at district courts in Kathmandu, Kaski, Rupandehi and Parsa, removing the organized crime and money laundering claims.
Senior advocate Dinesh Tripathi, law student Ayush Badal and Yubaraj Poudel (Safal) filed writ petitions at the Supreme Court, arguing that the decision was “prima facie illegal, mala fide and arbitrary.” The case remains sub judice.
The Rupandehi District Court has stated that it will issue further orders only after the Supreme Court settles the writ petitions.
Parliamentary rules on suspension
House of Representatives Regulation 225 governs the arrest and suspension of lawmakers. Sub-rule 3 states that a lawmaker facing criminal charges punishable by three years or more in prison, or involving moral turpitude, shall remain suspended for the duration of pre-trial detention.
The Parliament Secretariat cited this provision while suspending Lamichhane on December 23, 2024, based on cases registered at the Kaski District Court. Then Secretary General Padma Prasad Pandey stated that Lamichhane would remain automatically suspended until the cases are resolved.
Passport case still pending
Although the citizenship dispute has been resolved, a separate passport-related case against Lamichhane remains under consideration.
On February 6, 2023, Yubaraj Poudel filed a complaint alleging that Lamichhane obtained a Nepali passport by providing false information. The then Attorney General Dinmani Pokharel decided not to pursue the case.
Challenging that decision, Poudel filed a writ petition at the Supreme Court on April 2, 2023. A bench of Justices Sapana Pradhan Malla and Nripadhwaj Niraula has scheduled the hearing for next Monday.
‘Voters must exercise judgment’
Senior advocate Dinesh Tripathi said individuals facing charges related to corruption, organized crime and money laundering are unfit to hold parliamentary office, even if the law does not explicitly bar them from contesting elections.
“They cannot even take the oath,” Tripathi said. “The law may allow them to contest elections, but they cannot hold public office. This raises a serious moral question. Elections are also a test of the voters’ conscience.”
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