A. About the lawsuit brought by Pralhad KC and company
As I understood from the ANA attorney until the ongoing court case
results in resolution the currant situation in ANA stands as following.
1. The 3 major issues in this case pertains following:
a. Plaintiff claims and appeal to the court to award them as the next
elected officers of the ANA. The court has not acted on it.
b. Plaintiff claims and appeal to the court to stop the ongoing election for
the new Executive officers of ANA. The court has put a temporary injunction
from holding this election.
c. claims and appeal to the court to stop the transfer of the real property
in Lanham, Maryland to Nepal Educational and Cultural Center (NECC). From
the information presented to the ANA attorney, the transfer of real property
as a gift occurred to NECC on July 3rd, 2011 and was recorded on July 28th,
2011 prior to the lawsuit.
2. The court has decided to appoint an independent court trustee. We shall
welcome the courts decision. The court appointed Trustee shall over see
daily activities and affairs of the ANA. Everything will run through the
trustee concerning the operations of the ANA.
3. All Existing ANA Board of Trustee, Interim Officers, Election Committee
and Members and ANA members remain as it is, but they will not have any
authority over the court appointed Trustee or the decision making unless or
otherwise instructed by the court appointed trustee.
4. The Interim President through the ANA attorney may present to the court
appointed Trustee what the day to day, week to week operations of ANA are
and have the trustee act on it independently.
5. The court has ordered ANA from holding election for now. The order did
not stop the existence of election committee consisting of Dr. Sudeep
Shrestha, Mr. Hira Sharma and Ms. Shardha Khati as committee members. The
ANA members and the candidate remain as it is.
B. About Office of Attorney General of the District of Colombia
1. The office of attorney general of District of Colombia stated that the
records “Association of Nepalis in Americas” (ANA) corporate registration
was revoked in 2002. The office of attorney general of District of Colombia
stated that once the corporation is deemed to have been dissolved without
further legal proceedings and each such corporation shall cease to carry on
its business,” pay its obligations, and distribute its remaining assets.
2. The office of attorney general of District of Colombia stated that a
separate “Association of Nepalis in the America Inc.” (“America” not
“Americas”) was registered in the state of Maryland on May 25, 2011. Public
record shows that Mr. Krishna Nirola was listed as resident agent and sole
director of “Association of Nepalis in the America Inc.” (“America” not
“Americas”) till new officers are elected. The intent to register a separate
“Association of Nepalis in the America Inc.” (“America” not “Americas”) on
5-28-2011 in state of Maryland is unknown.
3. The office of attorney general of District of Colombia stated that
weather ANA had legal status after 2002, whether the Association held any
charitable assets in 2002 that need to be accounted for, whether the
Association has taken any actions it was not authorized to take, in view of
the fact that its corporate status was revoked by the District of Columbia
nearly nine years ago. Properties of NECC were wholly a part of ANA prior to
2002, and Plaintiff claims and appeal to the court to stop the transfer of
the ANA property in Lanham, Maryland to Nepal Educational and Cultural
Center (NECC) has complicated and put Nepal Education Culture Center Inc’s
existence, affairs, operation and management in legal jeopardy.
C. What’s next on the legal calendar?
1. Motions to dismiss the case on procedural ground are already filled
by ANA attorney with the court. We need to respectfully wait for the court
to decide on this motion.
2. Motions to dismiss the claims may be filed on factual ground if necessary
at the right time. The ANA attorney shall advise and act at the right time
if and when necessary.
3. Several lawsuits may be filled at the appropriate time against a dozen
culprits. The plaintiff’s lawsuit is misguided and waste of resources and
productivities of ANA. The ANA attorney shall advise and act at the right
time if and when necessary.
4. ANA attorney shall work with the office of Attorney General to
reinstitute the institutional integrity of Association of Nepalis in
Americas known to all of us as ANA.
5. The ANA attorney shall advise and act with or without the office of
Attorney General to discover, demand and or account for all ANA legal,
financial and other documents including but not limited to bank accounts,
meeting minutes and ANA Nepal Education Culture Center properties, financial
and other affairs since 1983 till present.
If you have any further concerns and questions on above matters please feel
free to contact the Attorney representing ANA at dakindeko@abpfirm.com
D. Past ANA Officers & failure to fulfill their fiduciary duties as
Officers
Past-Presidents, General Secretaries and Treasurers who failed to fulfill
their fiduciary duties to oversee, record and log organization’s meeting
minutes and financial records have no moral grounds to question and
challenge other’s actions.
Past-Presidents General Secretaries and Treasurers who failed to fulfill
their fiduciary duties to oversee record and log ANA Convention profit and
loss since 1983 have no moral grounds to question and challenge any other
ANA convention’s financial records including Boston Convention.
Past-Presidents General Secretaries and Treasurers who failed to fulfill
their fiduciary duties to comply with simple government administrative laws
have no moral grounds to talk-big about ANA bylaws.
NECC and its assets are at risk due to court case initiated by 5 otherwise
good Nepali folks with bed intentions. If NECC is demised, 29 years of ANA’s
efforts and existence is fruitless. Thus, it is everybody’s primary
responsibility to preserve and protect the integrity of such wonderful
community project. In the event, should NECC’s institutional integrity and
existence is compromised these 5 individuals and three of their core
supporters are directly responsible for their unwarranted and idiotic
actions.
Meanwhile, I urge those responsible past ANA leaders to explain the ANA
members to why ANA’s registration revocation on September 9, 2002 was kept
secrete and/or the ANA members were unaware of such for almost 9 years. I
would also like to urge all the past Presidents, General Secretary and
Treasures since 1983 to currant to account for meeting minutes log book,
banking, accounting and book keeping records, and membership records in all
categories with specially whom and when life-membership were awarded, and
what bank account contribution received as life-membership fees of $500.00
per life-member as required by the bylaws were deposited.
As of this moment all above ANA records, logs, bank accounts are no where to
be found. There is no need to keep any of the above documents secret unless
serious unlawful activities occurred in the association. The only motive for
such concealment of public information may be to cover-up unlawful
activities and misuse of public contributions for private benefits.
E. Let’s share responsibility in solidarity and unity to save ANA and
NECC.
It is sad that the entire ANA members and Nepali community in the
Americas were kept secret and/or unaware of ANA’s registration being revoked
in 2002 until the Attorney General notified on 8-05-2011. At the same time
it is encouraging that by full-feeling legal requirements and in solidarity
we may once again be able to reinstate the institutional integrity of ANA.
Thus, I urge all to put aside individual egos and group politics aside for
once in ANA. And, let us all put our time, resources and intelligence to how
once for ever we can in solidarity build Association of Nepalis in Americas
truly a Nepalis community non-profit organization in the Americas where all
have equal say, and all share responsibility equally without presuming self
and/or limited authority and denying equally lawful privileges to others.
Further, I urge and appeal Mr. Pralhad KC, Mr. Roger Adhikari, Radha Basnet,
Mr. Gambhir Shrestha and Mr. Tulshi Joshi to join with the entire Nepali
community members in the Americas, and be elected respectfully and honorably
like a true leader in a fair and lawful, a conspiracy-free and fraud-free
and a discrimination-free and bias-free election. Being a leader to
volunteer in a non-profit community organization should not have to be only
about the politics of winning, and there is no shame being a defeated leader
when his/her true desire to win support from people is exclusively for a
sincere social leadership service.
I appeal to Mr. Shambhu Dhungana to please do the right thing for the sake
of preserving ANA by not fueling the minds of Mr. Pralhad KC and company. To
the honorable Kunjar Sharma, your role as an honorary CG of Nepal does not
fit right to your responsibility mingling in pity ANA politics to preserve
power to few elite families.
It is my belief that any non-profit Nepalis community organization including
but not limited to ANA to us is like a Nepali Topi (Hat). Thus, in a Nepali
tradition we do not make a Nepali Topi, a Thangna (rag) no matter how
useless, how old, how dislikeable, how small or big and fit or unfit the
Nepali Topi (hat) might be. We preserve them with pride and respect as part
of our historical identity and love for Nepal and Nepaliness. That has been
and should continue to be the Nepali culture and ANA’s future.
F. Finally,
Some of you ask me following questions and my personal candid opinion is
following.
1. When will
the election be held?
Answer: a) The moment the people who brought this lawsuit withdraws
their claims and the Association of Nepalis in Americas registration is
reinstated. b) No one has definite answer till the ongoing court case is
over, and when the revoked registration may be successfully reinstated.
2. What happens to the membership and candidate fees contributed to ANA
accounts? Answer: a) this and all other ANA funds/assets remain on hold
till the ongoing court case is over and the Association of Nepalis in
Americas registration is reinstated.
Thank you for your patients, support, understanding and solidarity.
Tsewang Sherpalama, NY.
August 17, 2011
Disclaimer:
The views and statements expressed here are strictly personal statement and
opinion of I Tsewang Sherpalama as individual and/or member of ANA. While
the statements of legal nature are made here are verified from the ANA
attorney, my views expressed here does not represent as an officer of ANA in
any capacities either as Chairman ITFANA or Interim President and/or
Secretary General of the ANA Board of Trustee.
