provides that a person must be a Nepali citizen to become member of the Legislature-Parliament and to become the Prime Minister accordingly. In Article 63 there is provision about the constitution of the Constituent Assembly which also provides that a person must be a Nepali Citizen to become a member of Constituent Assembly and Article 129 of the Constitution provides that the Election Commission shall prepare the Electoral Roll subject to the provision of the Constitution. From the above constitutional provision it is clear that only the name of the persons who have obtained Nepali citizenship certificate have to be included in the Electoral Roll. Therefore, the other provisions of Section 11 (1), (2) and (3) of Electoral Rolls Act, 2006, except ‘Citizenship Certificate’ and the provision of Section 25 (A) and (B) of the same Act are inconsistent with the provisions of Preamble of the Interim Constitution of Nepal, Articles 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 thereof. Therefore, these provisions should be declared void ab initio pursuant to Article 32 and 107(1) of the Constitution. ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute. That decision is inconsistent with the Preamble and Articles 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 of the Interim Constitution of Nepal, 2007 and Section 5(1) (A) of the Electoral Rolls Act, 2006. Therefore, it is requested to declare that decision void through the order of Certiorari. A person whose name is registered in the Electoral Rolls can also become candidate in the election, and therefore, it will be unconstitutional to register the name of the person who has not obtained the citizenship certificate in the Electoral Rolls. The respondent Election Commission cannot determine whether or not a person is Nepali citizen however; it has to make arrangement of exercising the right to adult franchise only to the persons who have obtained Nepali citizenship certificate. A person who has already been proved to be a Nepali citizen can subsequently become a voter. No person can be determined whether he/she is a Nepali citizen after making him/her the voter at first. The Section 11(1) of the Electoral Rolls Act, 2006 provides that while registering the name of a person in the Electoral Rolls, the Enrollment Officer may ask the concerned person or his or her family to submit the citizenship certificate, land ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute, setting out his or her date of birth or age or place of his or her residence. Likewise, in the Section 11(2) it is provided that in the case of failure to submit the evidence sought pursuant to Sub-section (1), the Enrollment Officer may ask such person to submit a recommendation of the concerned Ward of the concerned Village Development Committee or Municipality. Likewise, in Section 11(3), it is provided that the name of a person who fails to submit the recommendation referred to in Sub-section (2) shall not be registered in the Electoral Rolls. Providing so it is stated that nothing shall be deemed to bar the registering of the name of a citizen of Nepal in the Electoral Rolls merely by the reason of his or her failure to submit the Nepalese citizenship certificate. The lifestyle, religion, culture and face of the Tibetan Refugees living in the northern part of Nepal and of the Bhutanese Refugees living in the eastern part of Nepal are similar to the Nepalese people and they also have matrimonial relationship with them. There is no debate on the matter that a child born from the matrimony with the refugees is a foreigner according to the prevailing law of Nepal. However, the refugees and their children are foreigners, despite this, they can study in Nepalese Schools and they have the academic certificate issued from the schools of Nepal. Some of the foreigners have land ownership certificate also. Taking into account of the condition that anyone can take benefit of the open border, it is absolutely necessary to register name in the Electoral Rolls only on the basis of Citizenship certificate. Thus, if the Electoral Roll is prepared on the basis of land ownership certificate and academic certificate without obtaining citizenship certificate, serious crisis may raise over nationality. In the Section 25 of the Electoral Rolls Act, 2006 it is provided that no question can be raised in any court about different acts carried out by Election Commission. Article 129 provides about functions, duties and powers of the Election Commission. That Article has not restricted from raising question in any court over the acts carried out by the Election Commission. The Act cannot restrict from raising question in any court of the matter in which the constitution itself has not restricted in raising a question in the court. The constitution must clearly mention about the subject about which no question can be raised in the court. In the condition that when there is no provision in the Article 129 restricting from raising question in any court on In Section 25 of the Act, it is provided that no question may be raised in any court about the following matters: (a) As to whether or not the name of any person has been registered in, or may or may not be registered in, the Electoral Rolls of any election constituency; (b) As to the preparation of the Electoral Rolls by the enrollment Officer or the authorized person deputed by him or her or the alteration made by the concerned Official in the Electoral Rolls. Invoking the above mentioned provision the Election Commission has decided on 2067/7/16 (November 2, 2010) to register the name of the person in the Electoral Roll based on land 29 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION