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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents