9 Bhola Nagarkoti vs Government of Nepal Chaitra 10, 2070 (14th March, 2014) Supreme Court Division Bench Hon. Justice Ms. Sushila Karki Hon. Justice Mr. Prakash Wosti Order 069-WO-880 Subject: Mandamus Mr. Bhola Nagarkoti of Chalnakhel Village Development Committee (VDC), Ward No. 08, Kathmandu district ................................................................................................................1 Ms. Shanti Nagarkoti, of Chalnakhel Village Development Committee (VDC), Ward No. 08, Kathmandu district ...............................................................................................................1 Petitioner Vs. Office of the Prime Minister and Council of Ministers, Government of Nepal, Singha Durbar, Kathmandu ....................................................................................................................1 Ministry of Home Affairs, Government of Nepal, Singha Durbar, Kathmandu ......................1 District Administration Office, Kathmandu ...............................................................................1 Chief District Officer, District Administration Office, Kathmandu ..........................................1 Respondent The brief facts and verdict in this writ petition duly submitted before this Court as per Articles 32 and 107(2) of the Interim Constitution of Nepal, 2007 are as follows: application to perform necessary act upon inquiring the concerned parties. Still, the process did not go ahead. Right to citizenship has been enshrined in the Interim Constitution of Nepal, 2007 as well as the international treaties and conventions. At our birth, as our mother was a citizen of Nepal, we are entitled to receive citizenship by descent even by the constitutional and statutory provisions. Conversely, we have been denied with the freedom of choice on whose name between the father and mother shall we desire to obtain our identity, as well as the constitutional and statutory rights conferred, by being flatly declined to be given citizenship when we approached to attain citizenship in our mother’s name. Hence, we pray that an order of mandamus or any other similar, needful order be issued in the name of respondents causing them to issue us, the victim petitioners, citizenship certificates by descent, in the mother’s name. The writ petition read as above. We, the petitioners have been residing permanently in Chalnakhel VDC, Ward No. 08, Kathmandu district being born therein. We are the offspring of Madhav Nagarkoti and Dhana Nagarkoti. The petitioners Bhola Nagarkoti and Shanti Nagarkoti are born on 2048-10-07 (31-01-1992) and 2049-11-10 (2102-1993) respectively. Our father has been missing since 2050 Bhadra (September, 1993) and there is no information on his whereabouts till date. Our single mother Dhana Nagarkoti brought us up. We the petitioners are wishful of making an identity by acquiring citizenship from our mother’s name. Desirous of duly obtaining citizenship certificate, as we approached the District Administration Office, Kathmandu on 2069-09-12 (27-12-2012) accompanied by a recommendation that our father is indeed missing, the Chief District Officer retorted that no citizenship certificate may be provided in the absence of father, and ordered in our What has happened in this connection? Why an order as sought by the petitioners need not be issued? A show cause notice is hereby issued in the 67 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION