5 Saroj Nath Pyakurel vs Government of Nepal Magh 24, 2067 (7th February, 2011), N.K.P. 2068, No. 1, Decision No. 8536, Pg. 39 Supreme Court, Special Bench Honorable justice Balaram K.C Honorable Justice Bharat Raj Upreti Honorable Justice Prof. Dr. Bharat Bahadur Karki Writ No 2067-WS-0017 Date of Issuance of Order: 2067/10/24 Subject: Mandamus et al Advocate Saroj Nath Pyakurel, resident of Kathmandu Municipality Ward No 32, et al. ......1 Petitioner Vs. Office of the Prime Minister and Council of Ministers et al. ..................................................1 On behalf of the Petitioner: Senior Advocates Mr. Sindhu Nath Pyakurel, Mr. Bishwo Kanta Mainali, and Mr. Shambhu Thapa, Advocates: Sher Bahadur K. C. Mr. Borna Bahadur Karki, Dr. Bhimarjun Acharya, Mr. Tika Ram Bhattarai, Mr. Chandra Kanta Gyawali, Mr Madhav Kumar Basnet, Mr. Ravi Narayan Khanal, Mr. Rishi Ram Ghimire, Mr. Tulsi Bhatta, Mr. Tara Prasad Lamichhane, Mr. Padam Rokka, Mr. Dinesh Raj Satyal and Mr. Subhash Acharya Respondent who have not obtained citizenship certificate, the Commission has decided on 2067/7/16 (November 2, 2010) to register the name in the Electoral Rolls of the persons without citizenship certificate based of land registration certificate, academic certificate and recommendation of the local bodies. The short description of the fact of the writ petition filed to this court pursuant to Articles 32, 107(1) and 107(2) of the Interim Constitution of Nepal, 2007 and the judgment thereof is as follows: The provisions of Section 11 (1), (2) and (3) of Electoral Rolls Act, 2063 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. The above decision of the Election Commission dated 2067/7/16 (November 2, 2010) is inconsistent with the Section 5(1)(A) and Preamble of the Interim Constitution of Nepal, Articles 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 thereof. Therefore, we have come to file this petition requesting to declare the above decision null and void and issue necessary order including mandamus pursuant to Articles 32, 107(1) and (2) of the Interim Constitution of Nepal, 2007. The Election Commission has introduced the Program of Collecting Electoral Rolls Containing Image, 2067. Through this program, the Commission has started its work in all Municipalities and V. D. Cs for registering the name in the Electoral Rolls of the Nepalese citizens who have obtained the Nepali Citizenship certificate. However, stating that there had been obstacle in various place in the completion of the work as per that program, with the purpose of including the names of the persons The preamble of the Interim Constitution of Nepal provides about adult franchise and periodic election and Article 2 of the Constitution provides that the sovereignty and the state authority of Nepal shall be vested in the people of Nepal. The Article 8 provides about the citizenship at the commencement of the constitution, Article 9 provides about naturalized or honorary citizenship and Article 10 provides about acquisition and termination of citizenship. Article 46 of the Interim Constitution of Nepal clearly Related Law: Preamble of the Interim Constitution of Nepal, 2007, Article 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 thereof, Section 5(1) (A) of the Electoral Rolls Act, 2006 Order Justice Balaram K. C: 28 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION