11
Yasu Maya Budhathoki Basnet
vs
Government of Nepal
Chaitra 30, 2071 (13th April, 2015)
Supreme Court
Division Bench
Honorable Justice Gopal Parajuli
Honorable Justice Cholendra Shamsher J.B.R.
Decision
070-WO-0082
Subject: Mandamus
Yasu Maya Budhathoki Basnet having birth place at ward No. 3 of Ajapu VDC of
Okhaldhunga currently a resident of ward No 13 of Lalitpur Sub-metropolis …......................1
Bijay Basnet alias Bijay Chhetri Basnet son of Yasu Maya Budhathoki Basnet and
Jogendra Basnet , a resident of ward No 13 of Lalitpur Sub -metropolis ...........................……1
Applicant
Vs.
Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar
Kathmandu .......................................................................................................................................1
Nepal Government Ministry of Home, Singhadurbar,Kathmandu…………….…......................1
Nepal Government, Ministry of Federal Affairs and Local Development Lalitpur ....................1
Nepal Government Ministry of Law, Justice, Constituent Assembly and Parliamentary
Affairs Singhadurbar Kathmandu ……………………………….....................................................1 Opponent
Nepal Government Ministry of Women, Children and Social Welfare, Singhadurbar
Kathmandu .......................................................................................................................................1
District Administration Office, Lalitpur Man Bhawan………………………….............................1
Office of ward No 13 of Lalitpur Sub -metropolis ……………………………...............................1
Brief fact and decision of the present writ petition
that has been filed as per Articles 32 and 107 (2) of
the Interim Constitution of Nepal are as follows:
No. 13 of the opponents to provide my son with
recommendation to obtain citizenship certificate
by descent, by mother’s name, and on the name of
Lalitpur District Administration Office to provide
citizenship certificate.
Of the petitioners, I, Yashu Maya Budhathoki Basnet,
single mother of the petitioner Bijay Basnet, have
been providing patronage. After the birth of the
son, my husband, Jogendra Basnet, went out of
the valley, but the condition is that he has not been
found since; and as per clear provision that mother
can give identity by providing citizenship as per
Article 8 (2) (B) of the Interim Constitution of Nepal,
2063, Clause 3 (1) of Nepal Citizenship Act, 2063,
Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter
2 of Citizenship Certificate Distribution Procedure
Directives, order command including mandamus
order, whichever is needed, should be issued on
the name of Lalitpur Sub-metropolitan City, Ward
My mother, Yashu Maya Budhathoki Basnet, has
been providing me, Bijay Basnet, of the petitioners
with nurture, education and health treatment as
well, and I have been grown up, raised and educated
under the patronage of single mother since I was
born. I have just heard the name of my father from
the mouth of the mother. I have not seen the face
of my father well yet. Mother has worked hard to
give birth to, raised and educate me. Hence, I want
to obtain and make my identity, too, through the
mother’s name.
Citizenship is a very important basic document of
76
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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