Posted by: Pokhara1977 September 28, 2017
नासिया (नेप्लिज एसोसिएसन इन साउथ ईस्ट अमेरिका) का मुर्ख महामानबहरुलाइ खुला पत्र
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NASeA Executive board unlawfully expelled Sushil Nepal from NASeA membership

Dear members of NASeA Community,
This decision of the executive board is invalid, and it does not apply to the elected officer. NASeA bylaws says that only the General Assembly has the authority to remove an elected officer, NOT THE EXECUTIVE COMMITTEE. This is clearly mentioned in the article IV number 17.

According to the NASeA bylaws article IV number 17 "A Board Officer may be removed for other reasons by a two-thirds vote of the General Body meeting." Article V referencing general member, which was cited for forceful removal of Sushil Nepal. Article V does not apply to an elected official.

Sushil Nepal is an elected official of NASeA so only the general assembly has the authority to decide to remove him. Unless the General Assembly removes him, Sushil Nepal is still valid Executive Vice President of NASeA.

Yes, a general member can be removed by the executive committee by simple majority. This is mentioned in article V. But Sushil Nepal is also elected officer and the bylaws says such officers can only be removed by General assembly.

Majority of former presidents also sent a note to the President Madhav Dhakal ji clarifying the bylaws, but he never shared with the other board members.

The invalid motion to expel Sushil Nepal from his membership in NASeA executive board meeting was against the bylaws. This invalid motion was tabled, and VOTED without bringing in discussion among the board members regardless of protest.

Six members of the executive committee did not take part in this 'Vote' and protested against this invalid motion as it did not follow the Bylaws procedure. They are Krishna Devkota, Dr. Suman Silwal, Pammi Parajuli, Manish Shakya, Mohan Bista, Dr. Arun Shrestha, and Sushil Nepal himself. On the top that, Dr. Thakur Karki was not present in the meeting since he is in Nepal.

Therefore, accordingly to bylaws, Sushil Nepal is still valid elected executive vice-president of NASeA until and unless General Assembly removes him.

In September 3rd 2017 NASeA board was elected to serve the NASeA community with best of our abilities and took the oath to upheld the NASeA bylaws, but not to mutilate and disgrace it.

Thank you

Krishna Raj Devkota
Executive Member, NASeA
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