upon issuing summon notice to submit affidavit
within 15 (fifteen) days except for the journey time
limit by road, through the Office of the Attorney
General, by explaining if there is reasonable ground
and reason for not issuing order. Order of this Court,
of the date of 2072/2/27 (June 10, 2015 A.D.), reads
as above.
of 2068/5/5 (August 22, 2011 A.D), has also been
received; hence, condition does not exist to issue
re-order in the context of the same issue. For the
aforementioned ground and reason as well, there is
no condition to issue any order as per the claim of
the opponent petitioner; hence, the opponent’s writ
petition should be revoked. Affidavit of the Office of
Prime Minister and the Council of Ministers reads
as above.
Nothing has been mentioned in the petition
regarding what, what kinds of involvement this
Office has on the issue, claimed by the opponent
petitioner. No ground and reason to make this Office
an opponent has been mentioned in the petition.
Present petition that cannot establish basic fact why
this Office is supposed to be made an opponent
for not fulfilling what, which responsibility as to be
fulfilled as per the Constitution and law is revocable
in prima facie. On the issue regarding acquisition
of the citizenship claimed by the petitioner,
provision is found to have been made by the Interim
Constitution, 2063 as well as Nepal Citizenship
Act, 2063 that the citizens of Nepal shall obtain
citizenship of Nepal without discrimination on the
ground of equality. It cannot be said otherwise that
the party, who asks for the citizenship certificate of
Nepal, shall have to furnish application suitable to
rule to the body concerned by complying with the
rule, process and procedure based on Citizenship
Act and Rule. In this condition, being under the
prevailing law, the lien on posts having legal
duty to provide recommendation for citizenship
and citizenship certificate shall have to provide
citizenship certificate to the Nepalese citizens as
per rule, process and procedure determined in
law. As far as looking into the context of the issue
of providing citizenship of Nepal by mother’s
name, on date 2067/11/15 (February 27, 2011
A.D.) having including Sabina Damai as petitioner
versus including this Office as opponent, directive
order was issued on the name of Ministry of Home
Affairs to “provide the petitioner citizenship of
Nepal by descent, arrange necessary provision by
issuing circulation on the names of all the C.D.Os.
nationwide to easily provide citizenship certificate
by mother’s name by fulfilling rule and procedure
of Nepal Citizenship Act, 2063 and Rule of the same
if the child, who was born in Nepal from a Nepalese
citizen mother come to ask for citizenship by their
mothers’ names, and move forward necessary and
effective step to eradicate such bad traditions,
practices customs still remaining in the society,”
and for the sake of its implementation, it was sent
by writing to the Ministry of Home Affairs through
the letter of the date of 2068/3/6 (June 20, 2011
A.D.) of D.No. 289 of this Office; and letter for
information of 3 points circulation made for all
District Administration Offices, through the letter
of L.No.N. and A.S. 2068/69 D.No. 147 of the date
There is not the condition that the petitioner has
held the claim stating that legal provision has
remained an obstruction to obtain citizenship.
The issue regarding providing citizenship does
not fall within the scope of this Ministry; hence,
the writ petition, filed by making unrelated body,
this Ministry an opponent, appears to have been
meaningless; hence, it should be revoked. Affidavit
of the Ministry of Law, Justice, Constituent Assembly
and Parliamentary Affairs reads as above.
On the issue claimed by the opponent writ
petitioner, it has not been explained in the petition
regarding what, what kinds of involvement this
Ministry has. It is not right to furnish writ petition
by making an opponent on the issue in which this
Ministry has not been involved; hence, it should
be revoked in connection to this Ministry. Affidavit
of the Government of Nepal, Ministry of Women,
Children and Social Welfare reads as above.
If the writ petitioners furnish application before
the Chief District Officer concerned by obtaining
recommendation of local body concerned from
the place where their father has permanent
residence, its action shall be taken from the District
Administration concerned. In the condition of
father’s name, surname, address known, due to
what, what kinds of reason there is a difficulty
in going to District Administration Office, upon
going to the place where there is a permanent
residence, obtaining recommendation of the local
body concerned. Nothing has been explained
in the writ petition towards this. If gone to the
District Administration along with the documents
determined in the Act and Rule to fulfill the
documents to be submitted to obtain citizenship,
all the acts and actions shall be done from right
there; hence, the writ petition furnished by making
an opponent in connection to this Ministry should
be revocable; hence, should be revoked. Affidavit
of Nepal Government, Ministry of Home Affairs
reads as above.
In the present case that has been submitted upon
being inducted to the daily cause list as per rule,
document file and documents have been studied.
Pleading was heard, which was made by learned
Pabitra Rawat, present on behalf of the petitioners,
stating that upon having a love marriage of the
104
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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