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 ANA Bickerings
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Posted on 06-25-11 9:04 AM     Reply [Subscribe]
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    ANA Affairs Press Release                   

    By Tulasi R. Joshi

    Information Director Elect of ANA

    

    After the 2011 election result announcement, conflicting reports, debate and confusion seem spreading.  Here I have tried to put some conclusions based on the facts so that Nepali communities can make informed observations and their own conclusion.  Let us try to follow the rules, work together, and help Nepali cause without tarnishing Nepali name and reputation.

    

    Decisions of June 15, 2011 Meeting Invalid:

    

    The Special Emergency Meeting of the ANA Executive Board held June 15, 2011 was not a valid ANA meeting, and  decisions made at that meeting (see below) were not valid ANA decisions since almost all of the so called board members attending the meeting were not valid paid ANA members;  non-paid members do not have voting rights  according to ANA bylaws.  According to the ANA website, as of June 21, 2011, there are 19 members on the ANA Executive Board.  They are:

    

    ANA Executive Board

    

    Simón Dhungana
       

    President
       

    MD

    Dhiren Gurung
       

    General Secretary
       

    TX

    Kumar Deuja
       

    Information Director
       

    VA

    Executives

    Dilli Poudel
       

    P. General Secretary
       

    Baltimore Assn. of Nepalis in America, MD

    Jangbu Sherpa
       

    P. President
       

    Greater Boston Nepali Community, MA

    Kush Shrestha
       

    President
       

    Nepali Association of Oregon, OR

    Laxmi Gaudel
       

    P. Treasurer
       

    America Nepal Society, D.C.

    Shreedhar Ranabhat
       

    President
       

    Nepali America Friendship Association, Wisconsin, WI

    Shree Ram Dahal
       

    President
       

    Nepal Seattle Society, WA

    Yan Rai
       

    P. President
       

    Nepal Association of Northern California, CA

    Girish Ghimire
       

    President
       

    Nepalese Association of Utah, UT

    Bijay Thapa
       

    General Secretary
       

    America Nepal Society, Washington D.C

    Arjun Tripathi
       

    President
       

    America Nepal Society, Los Angeles, CA

    Chandra Lama
       

    Coordinator
       

    ANA Sports Council; DC

    Tejaswi Giri
       

    Coordinator
       

    ANA Sioux City Chapter, SD

    Robin Thapa
       

    Coordinator
       

    ANA New Hampshire Chapter, NH

    Mahendra Poudyal
       

    Coordinator
       

    ANA Dallas Forth Worth Chapter

    Navaraj Shrestha

    Anu Rai
       

    Coordinator

    Coordinator
       

    ANA Denver Chapter, CO

    

    I checked the names of the Executive Members and officers against the membership list published by the Membership Verification Committee.  President Simon Dhungana is the only ANA member in the so called ANA Board.  Even the Secretary and the Information Director were not valid ANA members. Other persons attending the meeting at the best can be considered honorary members at the pleasure of the executive officers.  According to ANA bylaws, “Honorary Members do not have to pay any membership dues, and are not allowed to vote in the affairs of the Association.”   Currently 3 persons are serving as executive officers; two of them are not even members of ANA with voting rights as mentioned above.  Same thing applies to Mr. Basant Shrestha, the chair of the Membership Verification Committee (MVC) and the three members of the ANA election committee (Sudeep Shretha, Sharda Khati and  Hira Sharma).  Since they are not paid ANA members, they cannot vote on ANA affairs; they can only assist and advise the committees.  Again, only the paid members can vote to make decision on ANA affairs.   Giving the ANA board membership to persons who have not paid membership due is not only against the ANA bylaws, it may also be considered wrong for other reasons.  When the meeting is run by one valid member of the ANA board, and in which decisions are made by non-ANA members, how in the world you can consider it an ANA meeting.  Therefore from ANA points of view, the decisions and the meeting of June 15 do not belong to ANA and are invalid.

    

    An Experience of June 15, 2011 Meeting:

    

    I am an ANA life member and the Information Director elect.  I attended the so called June 15 emergency meeting of ANA.  When I asked at the meeting the number of board members, no one had an answer for this. When I asked at the meeting if there was a quorum for the meeting, I was shouted at by a non ANA member not to raise a question of quorum when such a big crisis was happening in ANA.  There was no roll call, no motion moved and no second of any motion.  At the end, Mr. Sherpalama informed about the decisions made at the meeting; he could really have said any thing he wanted; Mr. Sherpalama is not even listed as an executive board member  No parliamentary rules were followed for these decisions.  Even though we disagree, the meeting should have been conducted following democratic parliamentarian rule.

    

    President Dhungana’s Conduct:

    

    Current ANA administration especially the president has failed to fulfill its responsibility in a number of ways defaming the organization and creating all kinds of problems and crisis such as the Boston convention mismanagement,  installing ineligible persons in the ANA board, not updating membership list,  not keeping financial books  in an orderly manner (example of the Boston convention is the obvious one) and going against the advice of almost all past presidents and life members.     There was an unpaid bill of about $85,000 in which about $50,000 was for the hotel bill.  Life members of ANA came to the rescue to save the reputation of ANA donating money to settle the hotel bill.  Consequently, he was asked to resign by past presidents and life members.  But he declined to do so, and some members argued to give him an honorable exit provided he cooperated to hold election in an agreeable manner.  As a result, a general body (GB) meeting of ANA was held and election was conducted.  Rather accepting the result of the election gracefully, he went against it with the support of non ANA members.   In this scenario, the DC meeting arranged by him and mostly non ANA members is not endorsed by the elected officers of ANA, almost all past ANA presidents and virtually all  ANA life members, and we elected body declare that ANA will not be responsible if any liabilities is caused by the meeting.

    

    Membership and Disqualified Candidates:

    

    Apparently annual ANA registrants were told that they would have one year membership.  But this membership clause was never amended in the ANA bylaws.  Without amending it within 60 days, it does not become effective according to ANA bylaws.  From this point of view and other reasons as pointed by MVC, the membership of the Boston convention registrants becomes null and void to vote in 2011 election.  Since the 2011 election was uncontested as there was only one qualified member for each position, the membership issue was a moot matter from the election purpose.  The MVC published the eligible voters list by giving an opportunity to eligible voters not listed to approach the MCV with proofs of the membership.  Why the disqualified candidates on the basis of the membership list did not even try to approach the MVC proving that they were ANA members.  Now they try to cry foul after the announcement of the election results.

    

    Membership Verification Committee (MVC):

    

    The MVC did a great job by following ANA bylaws.  We understand its published report was signed by 3 members out of 4 members of the Committee.   Two of the members changed their position calling the report flawed after the election result was announced.  By the way these 2 members are not even paid members of ANA and do not have voting right according to ANA bylaws.  The other 2 members who have voting rights have not changed their position.  So the MVC report stands as is and cannot be called flawed especially after the announcement of the election result.  You just cannot play the same game again after the game is over.

    

    Election Committee:

    

    The Election Committee chair who is a life member of ANA also performed an outstanding job by following ANA bylaws and good judgment under the situation to conduct a fair and free election within the stipulated time.  The Committee consisted of 4 members.  Mr. Raja Upadhyay was the chair of the Committee who was given the mandate of conducting the election by the ANA general body (GB); Mr. Sherpalama or the President Dhungana or anyone else has nothing to do with the election after the mandate.   President Dhungana provided 4 persons (Sudeep Shrestha, Sharda Khati, Hira Sharma and Ramakant Adhikari) to assist Mr. Upadhyay to conduct the election.  Ramakant Adhikari did not serve the Committee. The  3 people that served were not ANA paid members and therefore, did not have voting rights.  As a matter of fact, Dr. Sudeep Shrestha who was referred wrongfully as Co-Chair or Vice-Chair had disqualified himself to be a member of the Committee.  Since these three people did not have any voting rights, they did not have any decision making power.  They were in the Committee simply to assist Mr Upadhyay in clerical works.  Mr. Upadhyay was given the sole authority by the GB to conduct the election.  Of course they were working for Mr. Dhungana/Mr. Sherpalama, and started making statements against Mr. Upadhyay when the election result did not favor their candidates.  These 3 people have no power or right to go against the decision of Mr. Upadhyay.

    

    Rights of Non-ANA members:                    

    

    The works and conclusions of the Membership Verification Committee  and the Election Committee is according to the ANA bylaws and the general body meeting of genuine ANA members supported by past ANA  presidents and ANA members.  If non-ANA members do not like it, they have no legal ground/right to challenge it going against the decisions of these committees.

    

    ===============================================================================

    

    Special Emergency Meeting of the Executive Board

    

    

    Representative Attendance: ANA Executive Board, Independent Task Force of ANA, Membership Verification Committee of ANA, ANA Election Committee, ANA Functional Directors,   Organizing Committee of D.C. Convention, NECC Management Committee, NECC BOD.

    Time: 9:30pm EDT- 10:58 EDT
    June 15, 2011

    

    

    Membership Verification Committee with majority decision  has withdrawn the MVC report submitted to Executive Board since it was flawed and declared it void since new information have come to light. It was mistakenly released to public.

    Election Committee with all four member’s decision has put on hold election schedule until further notice. ITFANA has issued a notice on that as well. Election Committee has asked for clarification from Election Committee Chairman who is out of country and went against the decision of the committee without informing them.
          
    As previously discussed a transfer of deeds from ANA to NECC was to be decided. In light of this a Special Emergency Meeting of the executive board was held. The meeting was called according to the bylaws regarding meetings and decisions were based according to concerning articles of the bylaws. All options were considered proposed by concerned committees and decisions were reached unanimously on all.
    
          Decisions:
    The decisions of the meeting will be submitted to Annual General Meeting (AGM) of ANA for approval/ disapproval.  The decision of AGM will be final.

    a.  ANA Election 2011 postponed by one month
    b. All convention registrants become automatic members upholding previous executive board decisions, practices, traditions that are according to the bylaws of the association.
    c. New/ renew membership application would be allowed for two weeks after convention.
    d. Election would be held in two weeks after the membership closes.
    e. Election candidates’ interaction/ debates to be held during the convention.
    f. The current executive board’s term will end on July 4th at the conclusion of the convention as previously scheduled.  The current Executive Board will handover to caretaker executive committee on July 4th. Caretaker committee will be in place until the election results.
    g. Implementing Annual General Meeting decision of 28th ANA Convention, ANA will also be known as Federation of Associations of Nepalis in America forthwith.
    h. Previously formed bylaws taskforce would recommend changes at the 29th AGM.
    i. Titles and Deeds of ANA property in Lanham to be transferred to NECC. ANA will share physical address in perpetuity with NECC as brainchild of ANA.
    j. The meeting decision will be submitted to Annual General Meeting for approval/ disapproval.

    The decision of Annual General Meeting of ANA will be final.

    Office of Secretary of State of Maryland has been contacted regarding the procedure. All committees of ANA listed above requests all concerned to ignore any inauthentic emails or opinions or statements of anyone including past presidents of ANA whose role is to advise only.

 
Posted on 06-25-11 9:04 AM     Reply [Subscribe]
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To the ANA Members of the executive board and all other members of the ANA
 
Raja Upaydheya’s claim about where the email was originated is being investigated by the authority, and is has no relevance to the fair, democratic and transparent Election process of the ANA.
 
Raja Upaydheya have been suspended as a chair member of the ANA election committee on the following grounds.
  1. Abandonment of responsibility
  2. Bridge of authority
  3. Manipulation of election process
  4. Conspiracy to fraud election result.
  5. Others
Thus, his unilateral and personal actions have been overruled and rejected. The ITFANA has undertaken all necessary and legal recourses in this matter. Thus, he is free to invite his handpicked “winners” by conspiracy and fraud to his home and celebrate the plot.
 
Make no mistake, the days of denying ANA member’s their right to vote in the election is over. The plot to conspire election out come in ANA by select few to bless their obedient apprentices is over.  This this to the bank.
 
Tsewang Sherpalama
Chairman
Independent Task Force of Association of Nepalese in Americas
June 21, 2001

 
Posted on 06-25-11 9:05 AM     [Snapshot: 2]     Reply [Subscribe]
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To: Tulasi Joshi,

1. Why did you not write this email from your own email ID?
2. If you did authorize, who did you authorize?
3. Did you write all the contents of this email yourself?
4. Do you stand by every word written?
5. Are you willing to back it up with evidence?
6. If you did not write this fully who prepared this for you?
The technology and the veracity goes into the heart of the position of Information Director's role.

Anything short of full and complete answers on the six questions above will reflect on you. Let all members be aware of this. I hope you do not back down from contesting in election in free, fair, and democratic manner. Good luck on your candidacy.

Simon

P.S. To all the non corncerned who received this email concerning ANA's internal challenges, and I had to reply all, I apologize. 
 
Posted on 06-25-11 9:05 AM     [Snapshot: 4]     Reply [Subscribe]
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June 23, 2011

 

Dear Simon Jee,

 

It was very painful to me on a personal basis to make the press release.  But I had to do it as I mentioned in the opening statement of the press release.  I think I worked very hard to bring unity and harmony in ANA, but I was shocked and disappointed that you did not keep your end of the deal.  Only God knows where it is going to take us.  It is still not too late to bring unity and harmony in ANA and Nepali communities if you work it out the way you promised to work by holding the election.   All you have to do is honor the result of the election.  Please rise for the occasion and help ANA move forward.  You have an opportunity to be known as a peace maker in the history of ANA.  Otherwise, the turn may get worse with a drastic adverse consequence that we have never seen before in the Nepali community of America.  Let us not make the situation our Mahabharat, please.  From my observation, you were given 3 opportunities to fix the problem:  1) submitting resignation, 2) holding election in an agreeable manner and 3) accepting the election result.  It is up to you whether you want make 3 is a charm.  Now let me answer some of your concerns since you sent me an email about them although we talked about them during our telephone conversation in the evening of June 21, 2011.

 

Questions 1 (Why did you not write this email from your own email ID?  and 2. (If you did authorize, who did you authorize?  I did not have a good email list, so I asked an ANA member to forward the press release.

 

Questions 3 (Did you write all the contents of this email yourself?)
and 6 (If you did not write this fully who prepared this for you?.  I wrote the press release entirely.

Questions 4 (Do you stand by every word written?) and 5 (Are you willing to back it up with evidence?).  The writing is based on the published materials, hearsay, and personal observation.  You are the president, and you know a lot more than I do.  I have tried to tell the truth with the best of my ability.   Please make corrections if there are any errors/mistakes.

 

During our telephone conversation, particularly, you asked me to retract the statement under the President Dhungana’s Conduct subheading.  I would like to state here again what I said during the conversation that I was merely trying to give an historical background for the election to take place.  The information contained here was already widely circulated.  This paragraph was not intended in any way toward a personal attack as you mentioned during our conversation.  The telephone line I think got disconnected in the middle of our conversation.

 

By the way, for a long time almost 2o years, I did not even think or had a desire to run for an ANA officer position.  As you know I was only concentrating to help educate Nepali students in my own small way (as of now Nepali students have benefited about $500,000 for their education), and was trying to find someone younger from new generation to carry on this task.  When I was approached in this time of crisis to help ANA, I agreed to run for the position I got elected.  I am willing to resign from the position if that helps to bring harmony and unity for ANA.  During the conversation I also mentioned that I was willing to retract my statement with apology if you would accept the election result and if it helps bring harmony and unity in ANA. I think I have already done for ANA whatever I could do.  As a matter of fact, it gives me a great pleasure to see the enthusiasm of the young generation for ANA.  But it has to be done in a right way following rules.  We live in the land of law and rules, and no one is above law.

 

Regards,

 

Tulasi Joshi


 
Posted on 06-25-11 9:06 AM     [Snapshot: 5]     Reply [Subscribe]
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Dr. Tulasi Joshi,

Have you no decency, sir?

You peddle manufactured lies from "ANA Meeting" gang, whose sole existence is to personally destroy me, a community volunteer who has taken time away from family and work, as hearsay and offer quid pro quo to retract that for recognizing your "election"- something I have no control over?

Have you no shame, sir?

I had thought highly of you when you stood by me in the last Annual General Meeting against the Old Guard who opposed changes I brought to ANA and used fallout of Boston Convention Finances- something I had no role in, to undermine the current Executive Board- cost to the organization be damned. Giving me ultimatums, threatening officers and member of their family, threatening Convention Organizing committee.

However, I still admire your contribution to the scholarship program, you alone have made a difference to lives of many. There is no ifs and buts about it, you deserve gratitude of us all. Please make sure that you submit transparent accounting to the ANA Auditor General so that we are in compliance.

Enough of these emails. I will be gone in July 4th. You can keep fighting after that with the new caretaker committee until the election or be part of it and work together sorting out differences respectfully with each other. Now this is completely up to you personally, it's your choice. Please do not write back- no one escapes unscathed by these public emails, you can call me if you want.

Hoping to see you at the 29th ANA Convention so you can sort out the differences with other candidates, if not, have a nice July 4th weekend.

Khai na pai chala ko topi lai!

Simon

P.S. Sorry to bother all non concerned in this email but I had to Reply All. Again, I feel this is internal ANA matter, community non profit volunteer organization, and the challenges it faces can be resolved respectfully by discussing with each other civilly.
 
Posted on 06-25-11 9:20 AM     [Snapshot: 21]     Reply [Subscribe]
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This is pathetic and shameful. Nepal a black rajniti garna pugena ANA ma aye.
 


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