Unholy Conduct in the Sacred Red Cross

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Kathmandu. The dispute over the amendment of the Nepal Red Cross Society’s statute has once again reached the Supreme Court. Questions have been raised over the process of certifying the statute after the Supreme Court issued an interim order preventing the implementation of the 19th amendment to the Red Cross statute, which had been certified by Kathmandu Chief District Officer Ishwar Raj Poudel.

A single bench of Supreme Court Justice Tek Prasad Dhungana, on August 12, 2026 (Shrawan 27, 2083 BS), ordered that the 19th amendment to the Nepal Red Cross Society’s statute be kept in its existing status and not be implemented. The court also ordered the Society to continue its activities in accordance with the previous statute.

According to the court’s order, the 19th amendment, passed by the ad hoc committee on August 20, 2026 (Shrawan 4, 2083 BS) and certified by the Kathmandu District Administration Office on September 4, 2026 (Shrawan 19, 2083 BS), appeared “at first glance to be without jurisdiction and contrary to the statute.”

The Red Cross statute requires a prescribed procedure to be followed for any amendment. A statute passed by the statutory assembly and approved by the general convention is then required to go through the prescribed certification process before it can come into effect.

During the tenure of the executive committee led by Binod Kumar Sharma, a statute passed by the statutory assembly and approved by the 18th General Convention was implemented following certification. Based on that 18th amended statute, the Red Cross had also proceeded with its election process from the local level to the central level.

However, one day before the scheduled election, the Kathmandu District Administration Office directed that the election and related activities be kept on hold, resulting in the suspension of the electoral process. At the time, questions were also raised over the role of Chief District Officer Ishwar Raj Poudel. It has also been reported that Member of Parliament Nishkal Rai raised questions about the matter in the House of Representatives.

Meanwhile, the government removed the committee led by Binod Kumar Sharma and formed an ad hoc committee under the chairmanship of Bishal Bhandari. According to available reports, the government formed the ad hoc committee led by Bhandari on June 9, 2026 (Jestha 26, 2083 BS).

The ad hoc committee subsequently initiated the process of amending the Red Cross statute. The 19th amendment, which emerged from this process, was submitted to the Kathmandu District Administration Office for certification.

However, whether the amendment process complied with the procedures prescribed by the Red Cross’s own statute has now become a matter of judicial scrutiny.

“Statute Amended Without Holding a Convention”

The central question raised in the Red Cross dispute is whether matters that require approval from the organization’s highest statutory body can be amended solely through a decision of an ad hoc committee without convening the required assembly or convention.

There have also been allegations that the ad hoc committee amended the statute without holding the required convention and through a secretive and opaque process. After the amended statute was submitted to the District Administration Office for certification, questions were also raised as to whether the provisions of the Citizen Charter and the applicable legal requirements concerning institutional registration were properly followed.

Questions have also been raised over the role of Sudarshan Adhikari in the statute amendment process. His association with the Red Cross as an adviser, as well as statements attributed to him on social media, have become subjects of controversy. The matter has also been linked to a social-media response by Kishor Awasthi challenging Adhikari’s statements.

Court Halts the 19th Amendment

After a writ petition was filed at the Supreme Court challenging the statute amendment, the court ordered that the 19th amendment not be implemented immediately.

Following the Supreme Court’s order, implementation of the Red Cross’s 19th amended statute has been halted. The court has directed the Society to continue its activities in accordance with the previous statute.

 

The court proceedings have also brought the certification carried out by the Kathmandu District Administration Office under scrutiny. A show-cause order has reportedly been issued in the name of Chief District Officer Poudel, and it has also been reported that Poudel has filed a petition seeking a review of the interim order (bheket).

The Supreme Court has not yet issued a final verdict. Therefore, the ultimate legal conclusions regarding the questions raised in the dispute will become clear only after the court delivers its final decision. For now, the Supreme Court has ordered that the 19th amendment remain in its existing status and that the Red Cross continue its activities under the previous statute.

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