KATHMANDU: Kathmandu Metropolitan City (KMC) Mayor Balen Shah recently accused the government of negligence, claiming that sanitation workers have not received their salaries due to bureaucratic arrogance. On March 24, Mayor Shah took to social media, warning that if the employees of the Metropolitan City do not receive their salaries within a week, government officials will be “buried in Tukucha.”

In a Facebook post, Shah also hinted at a movement in favor of the monarchy. “The sanitation employees of Kathmandu Metropolitan City have not received their salaries for the past three months due to the arrogance of the government! I don’t know who will start what kind of movement, but if our employees do not receive their salaries in the next week, I will bury everyone in Tukucha! After that, we will see what kind of system you all have!” his post read.

The statement sparked a mixed reaction among the public, with some supporting Shah’s direct approach, while others criticized him for behaving in a manner unfitting for a sitting mayor.

The “arrogance of the government” that Shah referred to stems from his conflict with Chief Administrative Officer Saroj Guragain. The dispute escalated over the approval of the map for the construction of Kathmandu Tower at the Old Bus Park, with Shah accusing Guragain of corruption. As a result, Shah and his team took measures to prevent Guragain from entering the municipal office under any circumstances.

However, the federal government has rejected Kathmandu Metropolitan City’s corruption allegations, insisting that since the accusations against Guragain remain unproven, he should be reinstated to his position.

In defiance of Mayor Shah’s orders, ward chairpersons and municipal employees allowed Guragain to enter the Kathmandu Metropolitan City (KMC) office on Thursday. City police had been deployed to block Guragain’s entry, but clashes ensued as ward chairpersons and employees forcibly escorted him to his office. Deputy Mayor Sunita Dangol also supported the move and, in Shah’s absence, initiated a meeting with Guragain and other ward chairpersons in attendance.

Ward Chairperson of Ward No. 31, Saroj Dhakal, explained that the municipality was in crisis due to the absence of the Chief Administrative Officer. “The municipality’s activities have been paralyzed like never before, with employees unpaid for three months and teachers unpaid for five months,” he said. Dhakal further questioned the mayor’s handling of the situation, stating, “Mayor Balen Shah and the investigation committee have not provided any proof of wrongdoing by Guragain. The executive meeting, the highest decision-making body of the municipality, was never convened despite repeated requests. Shouldn’t such a serious matter be discussed there?”

Guragain’s absence had reportedly caused delays in salary payments and municipal projects. Now that he has returned, Dhakal asserted that pending work would resume. However, tensions escalated when city police tried to block Guragain’s entry, leading to a physical altercation where employees shattered a glass door in the process.

The Kathmandu Tower project, initially slated for completion in 2019, became a point of contention after Shah discovered that its construction map had never been approved. In response, he fined the contractor company, Jaleshwar Swochhanda Bikai Builders Pvt Ltd, five hundred thousand rupees on December 17, 2023. He later authorized the approval of the map under Section 38 of the Local Government Operation Act, 2017, which allows the map to be approved after a fine is paid, extending the construction period by two years.

Legal Implications of Mayor Shah’s Actions

Section 3 of the Local Government Operation Act, 2017, defines the roles and responsibilities of municipalities, including the formation and operation of municipal police to enforce laws, maintain public order, and oversee infrastructure and cleanliness. However, the Act does not grant the mayor authority to obstruct employees from performing their duties.

Additionally, the Kathmandu Metropolitan City operates under the Municipal Police Bylaw, 2015, which outlines 29 responsibilities, including maintaining order, preventing encroachment, demolishing illegal structures, seizing stray cattle, and stopping the sale of harmful food items. Nowhere in the bylaw is it stated that the mayor has the power to mobilize municipal police to obstruct an employee’s duties.

Mayor Balen Shah’s actions have been deemed inconsistent with both the Local Governance Operation Act and the Municipal Police Bylaw. Multiple attempts to contact Kathmandu Municipal Police Chief Raju Pandey for comments were unsuccessful.