he has not been traced, and as per clear provisions
made in Article 8 (2) (B) of the Interim Constitution
of Nepal, 2063, Clause 3 (1) of the Nepali Citizenship
Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2)
of Chapter 2 of Citizenship Certificate Distribution
Procedure Directives that mother can grant identity
by providing citizenship to her children, order
or command including the mandamus order,
whichever is needed, should be issued on the name
Lalitpur Sub-metropolitan City, Ward No. 13, of the
opponents, to provide recommendation to obtain
citizenship certificate and on the name of Lalitpur
District Administration Office to provide citizenship
to my son by descent, by mother’s name.
district, Lalitpur Sub-metropolitan City. In Rule 3 of
Nepal Citizenship Rule, 2063, under the procedures
of obtaining Nepalese citizenship certificate, in Rule
3 (B), there is clear provision that recommendation
made by the local body concerned, explaining
birthplace and relationship, shall have to be
submitted; hence, there exists the condition that
Lalitpur Municipality, Ward No. 13 shall not have
the jurisdiction to recommend for the citizenship
for the opponent; whereas, on the other hand, the
condition is that the opponent have not furnished
the application to the Office of Ward No. 13 to get
recommendation for the sake of the citizenship,
but had come to get information orally. Hence,
the permanent address of the opponent is not the
Lalitpur Sub-metropolitan City, Ward No. 13; hence,
there was the condition that this Office could not
recommend for the sake of citizenship. Hence, the
writ petition of the opponent is revocable.
I, Bijay Basnet, of the petitioners, was raised and
educated by my mother, Yashu Maya Budhathoki,
by giving birth, nurturing, providing education,
health treatment. I have heard only the name of
my father, but not seen him. Hence, my mother has
constitutional and legal rights to provide identity
through her name, and I am ensured with the right
to obtain identity from my mother; hence, order
or command including the mandamus order,
whichever is needed, should be issued to provide
me with citizenship through my mother’s name.
Of the opponents, Yashu Maya Budhathoki Basnet
has mentioned in the petition that her residence
by birth is Sagarmatha zone, Okhaldhunga district,
Ajapu Village Development Committee, Ward No.
3, but she has not mentioned the address of her
husband. In the complaint furnished to request to
take initiative for the sake of the recommendation
of the National Human Rights Commission, she
has mentioned that her husband was a resident
of Okhaldhunga. Hence, instead of going to their
own region, as being the residents of Okhaldhunga,
and furnishing recommendation to the district
administration concerned for the sake of citizenship
upon obtaining it from village development
committee or municipality concerned, by not so
doing, there never exists the condition that the Court
shall support the opponent simply due to entering
into the writ jurisdiction, without adopting the legal
process to be adopted by them as per law but stating
that the Lalitpur Municipality, Ward No. 13 has not
provided recommendation. Hence, writ petition is
revocable in prima facie; it should be revoked.
There are hundreds of thousands of people like
me across Nepal who have been the victims upon
being without citizenship; by issuing mandamus
so as to interpret in connection to theirs as well,
order should also to issued on the names all of the
seventy five District Administration Offices through
the Ministry of Home Affairs and all of the Offices of
Village Development Committees and Offices of the
Metropolitan Cities, Sub-metropolitan Cities and
all of their Ward Offices to circulate for the sake of
implementation of the aforementioned order. Writ
petition reads as above.
What has happened on this? Why is the order as per
the petitioner’s claim not supposed to be issued?
If order is not supposed to issued, explaining its
ground and reason, submit by doing as per rule after
affidavit is furnished or time limit expires, by issuing
summon on the name of the opponent, keeping
the replica copies of this order and the petition,
to submit affidavit through Office of the Attorney
General within 15 (fifteen) days of the journey time.
It is clear that the opponents are the residents
of Okhaldhunga; the provision of the Interim
Constitution of Nepal, 2063, regarding citizenship,
Nepal Citizenship Act, 2063 and Nepal Citizenship
Rule, 2063 have made the provision that every
Nepali shall have to obtain his/her citizenship
from the region where they have their permanent
residence. Nepal Citizenship Rule, 2063 has made
the provision that, up to the connection to the
staff, they can to obtain the citizenship certificate
of the people of their family from the District
Administration Office where they are working,
if they want. Hence, the Office of Lalitpur Submetropolitan City, Ward No 13 does not have legal
provision to recommend for the sake of citizenship
certificate for the opponents of other district; hence,
In this, upon going through the content raised in the
writ petition, the content of providing citizenship by
mother’s name is seen to have remained; hence, it is
seen to be appropriate to decide on the present writ
petition quickly; hence, first priority has been give
as per Rule 63 (3) (F 5) of Supreme Court Rule, 2049.
First of all, the opponents are the permanent
resident of Okhaldhunga district, but not the
permanent residents of Lalitpr Sub-metropolitan
City. They may be residing temporarily in Lalitpur
78
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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