petitioner, Bijay Basnet, is Okhaldhuga district,
Ajapu Village Development Committee, Ward No.
3. If the petitioners furnished application from the
district having their permanent address for the sake
of obtaining citizenship, condition still existed for
him to obtain citizenship; hence, it is not right to
say otherwise to the act of the such irrelevant region
which has refused to be provided with citizenship
certificate when the application is furnished
requesting to get citizenship certificate from the
irrelevant region. Writ petition should be revoked.
Whereas, learned advocate, Mr. Lok Chandra
Paudel, pleaded on behalf of the opponent, Lalitpur
Sub-metropolitan City, stating that the permanent
address of the petitioners is not seen to have been
or remained in Lalitpur Sub-metropolitan City,
Ward No. 13, and Nepal Citizenship Act and Rule
have made the provision that every Nepalese shall
have to obtain his/her citizenship from the region
having his/her permanent residence; hence, Ward
Office cannot recommend in connection to the
person who does not have permanent residence in
its area; hence, only an oral information has been
given to the petitioner that recommendation shall
not be given as per his petition claim; hence, it is not
right to issue order on the name of the body having
no jurisdiction as per petition claim.
order that without father, citizenship could not be
given to the son and that descent meant father. The
son, Bijay, wished to get Nepalese citizenship by
mother’s name, and condition exists by the Interim
Constitution of Nepal and Citizenship Act and Rule
that citizenship could be obtained by mother’s
name, but the act meted out by the opponents
so as to prevent Bijay Basnet from acquiring the
citizenship opposite to the aforementioned act and
law was illegal are seen to have been against the
other treaties and agreements including Universal
Declaration on Human Rights that Nepal had
accepted; hence, it was requested from the present
writ jurisdiction to get the rights of the petitioner
conferred by the Constitution prevailed. Hence,
order should be issued on the name of the opponent
Ward Office to provide the petitioner, Bijay Basnet,
with recommendation for the sake of obtaining
citizenship by mother’s name and on the name of
District Administration Office, Lalitpur, to provide
citizenship as per that, affidavits of the opponents,
including Lalitpur Municipality, are seen to have
been submitted with the description that there was
no confusion in distributing citizenship of Nepal
to the petitioner by descent as per the provisions
of Interim Constitution of Nepal, 2063, Nepal
Citizenship Act, 2063 and Nepal Citizenship Rule,
2063, but process prescribed to obtain citizenship
would have to be adopted as per the aforementioned
law and directives; though there was the condition
that citizenship could be obtained from the district
where the petitioner had permanent residence,
the permanent address of the petitioner’s parents
was seen to have been Okhaldhunga, but not
under the Lalitpur district; in this condition, his
recommendation could not be done from Lalitpur
Municipality, Ward No. 13.
Upon hearing the pleadings made by the
aforementioned learned legal professionals of for
and against, while seeing by studying the document
file along with writ petition, in this, it appears that
decision is supposed to be made regarding whether
the order as per the petition claim is supposed to
be issued or not.
Upon considering towards the decision, in the
present writ petition that has come to be filed with
the description that upon having love marriage of
Yashu Maya Budhathoki Basnet, of the petitioners,
with Jogendra Banset, a son, Bijay Basnet, was
born, at home located at Lalitpur Sub-metropolitan
City, Ward No. 13, from their conjugal relationship,
on date 2049/10/1 ( January 14, 1993 A.D.); the
husband went out of the valley after the birth of
the son and has not returned yet; for the studies of
higher secondary level of the son, Bijay, citizenship
certificate was needed presently; hence, after filling
up the Schedule form No. 1, when they went to the
Office of Ward No. 13 of Lalitpur Sub-metropolitan
City on date 2069/9/10 (December 25, 2012 A.D.)
as recommendation of local body was necessary to
make citizenship certificate, they were refused orally,
saying that recommendation could not provided;
hence, when they went to District Administration
Office on date 2069/9/10 (December 25, 2012 A.D.),
along with the Schedule form, birth registration,
school mark sheet, certificate, they were returned
without registering the application, giving oral
In this, from the replica copies, it is seen that
application was submitted to local Lalitpur Submetropolitan City No. 13 Ward Office for the sake of
obtaining Nepalese citizenship certificate by filling
up Schedule form-1 along with the replica copies
of birth registration certificate, character certificate
of the petitioner, Bijay Basnet and the replica copy
of the citizenship certificate of the mother, Yashu
Maya Budhathoki Basnet. Regarding the acquiring
the Nepalese citizenship, in Article 8 (2) of the
Interim Constitution of Nepal, 2063, mentioning as
“the following person who has his/her permanent
domicile in Nepal at the time of commencement
of this Constitution shall be the citizen of Nepal
by descent” in Article 8 (2) (B) of the same stating
as “a person whose father or mother was a citizen
of Nepal at his/her birth”, there is constitutional
guarantee of the acquisition of Nepalese citizenship
by descent. Likewise, as stated by Clause 3 (1) of
Nepal Citizenship Act, 2063 “ if a person’s father
81
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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