to this court have urged for their involvement in the hearing of this writ petition pursuant to Rules 42 of Supreme Court Rules 1992 stating that the writ petition consists the issue of public importance relating to right to voting and therefore, they also have concern on the issue. party as respondent should be quashed. Likewise, the petitioner has not made clear in the petition why the provision of Section 11(1) is inconsistent with the constitution and therefore the petition is not reasonable and should be quashed. The program of collecting Electoral Rolls containing image has been launched as per the decision of the Commission dated 2067/4/24 (August 9, 2010). While collecting Electoral Rolls local peoples and political parties obstructed the work stating that the citizens who have not already obtained citizenship certificate would be deprived from voting rights if the Electoral Roll is collected based only on citizenship certificate. Therefore, the program has to be cancelled in some municipalities and writ petition has also been filed at this court urging for inclusion of the name of the people who have not obtained citizenship certificate in the Electoral Rolls pursuant to the provision of Section 11 of the Electoral Rolls Act, 2006. Taking into consideration of such condition, from the meeting of the Commission dated 2067/7/16 (November 2, 2010), it has been decided to include the name in the Electoral Rolls containing image of the people who are eligible for being voters but have not obtained citizenship certificate, based on land registration certificate, academic certificate and recommendation of the local bodies that clarifies the place of birth, permanent address, date of birth, age and name of father or mother and in case of failure to submit such evidence it shall be registered if the concerned V. D. C or concerned ward office of Municipality makes recommendation for registering the name in prescribed format pursuant to Section 11(2) of the Electoral Rolls Act, 2006 specifying the place of birth, permanent address, age, and name of father or mother. While making that decision too, it has not been intended to register the name of non-citizen as mentioned in the writ petition however; it was intended that people eligible for voting and genuine Nepalese citizens should not be deprived from voting rights as per the spirit of the constitution and the provision of Electoral Rolls Act, 2006. For making the election fairer and more credible the campaign of collecting Electoral Rolls containing image and thumb impression has been carried out utilizing modern technology. While carrying out this act it has been carried out primarily based on Citizenship certificate, however, taking into account of the existing laws including the provisions of the Section 11 of Electoral Rolls Act, 2006, the Commission has decided to collect the Electoral Rolls containing image and thumb impression based on the grounds in addition to the citizenship certificate making some elaboration of the earlier decision. Since this decision is lawful, the writ petition should be quashed. It is stated Mithilesh Kumar Singh, Ratneswor Prasad Sharma, Sita Ram Agrawal, Narayan Jha, Raman Kumar Karna and Birendra Thakur in their joint petition filed to this court have urged for their involvement in the hearing of this writ petition pursuant to Rules 42 of Supreme Court Rules 1992 stating that the writ petition consists the issue of public importance relating to right to voting and therefore, they also have concern on the issue. In their joint application filed by Advocate Kabita Pande on behalf of Women For Human Rights and Group of Single Women, Advocate Prakash Mani Sharma on behalf of Pro Public and Advocate Meera Dhungana on behalf of Forum for Women, Law and Development filed to this court have urged for their involvement in the hearing of this writ petition pursuant to Rules 42 of Supreme Court Rules 1992 stating that majority of Nepali women have been deprived from citizenship certificate because of gender discrimination prevailing in Nepali society. Further, as they urged, it has been clear from our social environment that there is less possibility of taking initiation from the family member for obtaining citizenship to the single women. If the Electoral Rolls Act and the decision of Election Commission is quashed as urged by the petitioner and state does not take any initiation for providing citizenship in easy manner to such excluded single women, such Nepali citizens will be deprived from voting rights. They also urged for distributing Nepali citizenship in simple and easy manner and free of cost to all the women who are eligible to acquire citizenship by deputing citizenship team pursuant to Article 11 of the Interim Constitution of Nepal, 2007 and issue the writ of mandamus not to collect and publish the Electoral Rolls unless and until the citizenship certificate is distributed in such method. Advocate Mithilesh Kumar Singh on behalf of Madheshi Law Association has filed an application for quashing the interim order issued on 2067/8/9 (November 25, 2010) on the ground that the writ petition is apt to be quashed from the principle of laches. Since there is no condition of irreparable loss, the interim order dated 2067/8/9 (November 25, 2010) issued from the single bench based on ex pate hearing should quashed. The Ministry of Law and Justice has stated in its written response that the subject of collection of Electoral Rolls falls under the domain of Election Commission and the Ministry has no any role in it; therefore, the writ filed by making the unconcerned 31 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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