http://www.mydcnepal.com/news_nepali.php?nid=48439

डिसीनेपाल डटकम संवाददाता - अमेरिकाको नेपाली संस्था "एशोसीएसन अफ नेप्लिज ईन अमेरिका (ANA)" मा चरम बिवाद उत्पन्न भई परदेशमा पनि नेपालीले नेपालीलाई "मुद्धा" हालेका छन् । यहि अगस्ट ६ तारिखका दिन हुन गईरहेको संस्थाको नयाँ कार्यसमितिको चुनाव रोक्का गरिपाऊँ भनी एक पक्षले अमेरिकी अदालतमा दर्ता गरेको "मुद्धा" उपर हिजो अदालतले दिएको आदेश बमोजिम ANA को चुनाब रोकिएको छ । निर्वाचन समितिका डा. सुदिप श्रेष्ठ, अन्तरिम कार्यसमितिका अध्यक्ष छेबांग शेर्पा लामा, अध्यक्ष पदका उमेदवार धिरेन गुरुङ र निवर्तमान अध्यक्ष सिमोन ढुंगाना ४ जनालाई बिपक्षी बनाई म्यारिल्याण्ड राज्यको जिल्ला अदालतमा दर्ता गरिएको "मुद्धा" उपर अदालतले छानबिन गरि आवश्यक प्रमाण/कागजातहरू र Attorney (वोकिल) लिएर अदालतमा ऊपस्थित हुनु भन्दै विपक्षीहरूलाई १० दिनको म्याद दिएको छ ।

ANA को नयाँ कार्यसमितिको चुनाब त रोकियो रोकियो । अब १० दिन पछि, अदालतमा दुवै पक्षका वोकिलहरू बीच पटक पटक "बहश" हुनेछ । अदालतमा बहश हुँदै जाँदा संस्थाको बोस्टन शम्भेलनको घाटा रकम बयासी हजार डलरको जिम्मेवार को थियो ? भन्ने बारेमा पनि बहश हुँदै गयो भने सम्मेलनका आयोजकहरू (सारा नेपाली) अमेरिकाको कानुनको घेरामा तानीने छन् । नेपाली संस्थाको अध्यक्ष पदको हानथापले गर्दा अमेरिकामा बस्ने नेपालीहरू बेकारमा जेल जानुपर्ने अवस्था नआउला भन्न सकिन्न । किनभने अमेरिकाको कानुन एकदमै कडा छ (अमेरिकामा कानुनले राष्ट्रपतीलाई पनि छोडदैन) । कानुनले दोषी साबित गरेमा, हत्कडी लगाएर थानामा थुनेर ग्रीनकार्ड भएकालाई देश निकाला (Deport) गरेर नेपाल लखेटीदिन्छ र नागरिकता लीईसकेकालाई चाहिँ अमेरिका कै जेलमा हालीदिन्छ।

अमेरिकाका नेपालीहरूले एक आपसमा यस्तो समस्या खडा गरेको बारेमा, डिसीनेपाल डटकमले अमेरिकाका लागी नेपाली राजदुत डा. शंकर प्रसाद शर्माको धारणा माग्दा राजदुत डा. शर्माले भन्नुभयो:-
"परदेशमा नेपालीहरू एक आपसमा मुद्धा हालाहाल किन गर्ने ? दुवै पक्षले छलफल गरेर (Negotiation गरेर) मिल्नुपर्छ, समस्या-समाधानको लागी मैले देखेको उपाय: डिसीको अमेरिका नेपाल सोशाईटी (ANS) को चुनाबमा खेम भट्टचन र बिष्णु कुमारी थापा मिले जस्तै ANA मा पनि त्यहि तरिकाले मिले भैहाल्यो" भन्नुभयो ।

From the Maryland Judiciary Website
http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=CAL1117735&loc=65&detailLoc=PGV

Case: CAL1117735 (KC VS DHUNGANA)
Court: Prince George's County Circuit Court
Defendents: Simon Dhungana, Chhewang Sherpa Lama, Dhiren Gurung and Sudip Shrestha
Plaintiffs: ANA, Roger Adhikari, Prahad KC, Gambhir M Shrestha, Tulasi Joshi

Players involved in the drama and potential implications -- just one person's opinion.

ANA: Negative

If not handled right, this migth prove to be a death blow for the ANA. The reputation of the organization has been on the decline for the last couple of years and  this case is likely to damage it even further. Infighting within the organization and in the DC-Maryland-Virginia Nepali community was well known but a court case such as this could have far reaching consequences on the viability of the ANA as an organization.

NRN-NCC: Positive

Over the last few years, many Nepalese in America had started flocking to the NRN and this trend is only likely to accelerate after this implosion of the ANA.

Past President Simon Dhungana : Negative

Simon Dhungana came in with a bang as a young and energetic leader. He will, in all likelyhood, go out in a whimper given the organizational infighting and alleged irregularities that happened under his watch.The old-guard of the ANA never really took to Simon and this is their final hurrah against him.

Plaintiff Prahlad KC: Negative

While Prahlad KC might stand to gain and even become President if the court rules in his favor,  this case poses huge risks for him. As the person incharge of the venue selection committee for the Boston convention, he was the prime negotiator of  the contract with the Park Plaza Hotel and can be held accountable for poor contract oversight and negligence of duty that led to the hotel overcharing the ANA for its services and eventually creating a huge hole in the finances of the ANA.

Great! Finally people will be help accountable for their actions and responsibilites ....find the money...reading this article it is evident that dcnepal is discouraging nepalese to file a law suit againt another nepalese  even if they fk the victim financially, citing that the poor bastard who fked the other guy financially will lose their green card and go to jail...you know what dcnepal...consequences should have been realized before hand and strict measures were supposed to be implimented. With the loss of $82K by mismanagement and lack of strict control,  someone SHOULD be held accountable not POO SIE up like you suggest thereby not filing a law suit.  so FK YOU DCNEPAL...this is exactly the sort of thing you do that makes me not want to visit your site.

 In the US most non profit organization are owned by the group of people who establish it. They can make the decisions regarding how it is run.

Maybe the new youth group should form a new organization at this time. It might be a good idea too because it would provide more option for Nepalis in the US.

The docket for this is not available electronically.The rules around this vary by state and court system so I am not 100% certain if and when it will be uploaded.

Maybe DC Nepal can do the  community a favor and call the office of Andrew J Morris, the attorney respresenting the plaintiffs, and ask for details. Since they are a news organization they are more likley to get a response than if you or I called.

Anyone from DC Nepal willing to take up the challenge?

I heard mr pralhad kc was declared the president without having any election. He must be feeling bad that now they are having another election after declaring him the president. He may even had celebrated his presidency now the ego must hurt very bad.

The original post is a bit idiotic. This looks to me like purely a civil case, and yet in the purely stupid gorkhali journalism style, the author goes on talking about jail, deportation and what not... The author needs a crash course in journalism and court system in the US... WTF...

There is a third team also.

 1. Priti Sagar Khatri - S.Vice President

 2. Sushil Chhetri - Vice President

 3. Agni Sanjel - General Secretary

 4. Mangal Das Shrestha - Secretary

 5. Netra Pandey - Treasurer

 6. Bishnu M Acharya - Asst.Treasurer

 7. Kunti Thapa - Executive Member

 8. Bala Ghimire - Executive Member

 9.Yub Raj Khanal - Executive Member

Their media is -- http://www.americadarpan.com/englishversion/

I don't know the answer to all your questions but here is what I know. Maybe others can fill the gaps.

- Simon Dhungana's two-year term (2009 - 2011) expired at this years ANA convention in DC. Elections for the next president were not held  at this years convention  (reasons vary depending on who you ask)

- Prahlad KC was declared the new President by a group of people including some life members at a meeting that was not authorized by  the official ANA executive that was in place at that time.

- Simon Dhungana handed over authority to Chhewang Sherpa Lama upon the expiry of him term. Lama  was to head an interim executive committe till the new President was elected.

- The new interim executive went about compiling a list of voters and candidates.

- List of voters and candidates published that included team UNO and Revitalizing ANA

- Lawsuit file by KC and others. I don't have the details of the lawsuit and I am as much in the dark as you are about the specifics (as are many people it seems). If I were to guess a preliminary injecture must have been sought to stop the elections citing irregularities or violations of by laws by the interim or past executive. As I said before, maybe DC Nepal or other news organizations can get details for us. Or if there are ANA insiders reading this, they might be able to shed some light. My guess is the defendents have hired a lawyer and filed a request for disclosure. The citation notice they received might also have some information. 

This email came from dcnepal.com and nepalhorizons.com on June 16, 2011


Dear Members and Well Wishers of ANA,
 
Mr. Raja Upadhyay, who has conducted each and every Election for ANA since about late 1980's or early 1990's was unanimously nominated by the Special General Body Meeting of May 01, 2011 to be the Chief Election Commissioner with independent powers vested in him, as per the past tradition of ANA. He was provided with three other individuals to assist him in conducting the Election. These other individuals were not given independent powers. They were to help the Chief Election Commissioner whenever asked for, on as needed basis.
 
Mr. Raja Upadhyay and the team had duly announced the election process outlining the  modus oparandi of nomination, sending out and counting the ballots. A PO Box was rented near the site of ANA Convention in Virginia. However, since the nominated list of candidates for the five Officers' position had no eligible contestants in competition, except one person for each of the five positions, the chair did not need the help of the other individuals in his team. The election chair, therefore proceeded, rightfully, as he had done in the past, to declare the uncontested individuals elected by acclaim.  We heartily thank the Chair of the Election Commission and the individuals members of the team supporting the chair.
 
All the Elected Officers are veteran ANA members with a long history of community service and deserve our congratulations, good wishes and cooperation in the task ahead of uniting ANA. We have known each of them personally for decades and can vouch for their integrity of character, good judgment and devotion to work for the betterment of Nepalis in the Americas in general and now for ANA, in particular. They cover North-East, Pacific-West, Central Canada, Atlantic South-East, and West Virginia, a true cross section, as it happens, of our North American continent. 
 
We also wish to state that the Membership Verification Committee did an outstanding job.  Each and every one of them deserves our praise and deep gratitude for the hard work done without compensation.
 
President elect Mr. KC and his team have advised us that they will work to accommodate other interested individuals in the ANA officers or executive team after the ANA convention in Washington DC, and after following a due process.
 
We wish to heartily congratulate the following newly elected officers who will serve a two year term: 2011-2013.
 
PRESIDENT: Mr. Pralhad KC; Boston, MA
VICE-PRESIDENT: Mr. Roger Adhikari; Tracy, CA
GENERAL SECRETARY: Ms. Radha Basnyat; Ottawa, Canada
TREASURER: Dr. Gambhir Shrestha; Tallahassee, FL
INFORMATION DIRECTOR: Dr. Tulasi Joshi, Fairmont, WV
  
We request the current ANA president and officers, all members and well wishers to help the newly elected leadership team in their work of uniting ANA and helping the association serve its members and the Diaspora community in North America.
 
We look forward to seeing you all in the ANA Convention in Washington DC.
 
Sincerely,
 
Past Presidents
1.     Dr. Hari Sharma
2.     Dr. Kamal Pathak
3.     Dr. Kunjar Sharma
4.     DR. Amar Giri
5.     Pramod Sharma
6.     Krishna Nirola
7.     Amrit Tuladhar
8.     Naveen Dutta

$४२० को एक लात को हिसाबले कती खेप हान्न पर्छ यो भतुवा साइमनलाई? ल म्याथ मेजर मित्रहरु हिसाब गर्दै गर्नुस्|||

Nas yo ANA bhaneko yiniharukai sampatti ho. Board of directors own it. Best option is to create a new org.

Kasto wahiyaat kura gareko GrgBro. The organization belongs to all members. BoD can't do Jacksh*t without majority vote.

Master mind behind the team who filed lawsuit is Dr. Shambhu Dhungana from Los Angeles. He is current president of Friends of Nepal (FON) in Los Angeles, CA.

Both Shambhu Dhungana and Pralhad KC  are members of NRN - America Unity Collaboration Team. Radha Basnyat is also member of NRN.

Is NRN trying to creep inside ANA and take over ANA? ANA has already established a brand name sort of and is the most popular Nepali organization in the USA.

Nas, You hit it right on. This is a case of the pot calling the kettle black. I think everyone shares the blame but this really comes down to a group  of mostly old-timers and life members who want to keep the ANA in their conrol and not open it to the kind of people who are running for the now stopped elections. They are more comfortable with someone like Prahlad KC rather than Dhiren Gurung or HB Bhandari or even Simon for that matter.

As for financial irregularities, it is not like somebody stole 80,000 dollars from the cash-box in Boston and  stashed it under their mattress. That is a myth perpetuated for political reasons that some gullible people have bought into. What happened, from what I understand, is the hotel  sought to renegotiate the contract at the last minute threatening to cancel the convention. The ANA team responsible for the venue, lead by Prahlad KC, basically panicked and signed off on a whole bunch of new charges without fully figuring out what they were getting into. When the convention was over and the numbers were crunched, they ended up with way more expenses than they ever imagined because the hotel now ended up costing several times more than they had planned.  Call it negligence, laziness or plain stupidity. That  opened the floodgates for ANA politics and the old timers used that loss as a stick to beat Simon with. Sadly, Simon, instead of owning up  as the head of the organization,  threw his Vice President and Convention Chair Medini Adhikari under the bus holding him responsible for the poor oversight. Medini Adhikari in turn ended up passing the blame to the co-convenors and the Boston team. The Boston team then passsed the blame back to the national ANA. So there is plenty of blame to go around.The supreme irony of all this is Prahlad KC actually tried to exhonerate himself from the situation by joining hands with the past presidents and is now in the midst of a lawsuit that might ending up showing way more culpability on his part. 

West Coast (Shambhu Dhungana) vs East Coast (Simon Dhungana). Like Tupac vs Notorious Big battle, both ended dead at the end.

How about a "Dhunga" throwing contest during next year ANA?  "Shambhu vs. Simon"

All ANA partipants can watch like the Roman mob and cheer for their favorite gladiator. I would pay $100 to watch.

Ana Whistleblower, nice one. Maybe  the court should call this case Dhungana vs Dhungana :) However, I think this is more a case of old guard versus new blood rather than east versus west or anything else.

http://usnepalonline.com/new-york-usa/ana-election-result-prahlad-kc-elected-as-president.html