the acts carried out by the Election Commission, the provision of the Section 25 of the Electoral Rolls Act, 2006 that restricts from raising question in the court about the acts carried out by the Election Commission while preparing electoral rolls is apparently inconsistent with the Article 129 of the Interim Constitution of Nepal, 2007. Thus, 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, Article 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 thereof. Therefore, it is requested to declare those provisions ipso facto null and void. The decision of the Election Commission dated 2067/7/16 (November 2, 2010) that has provided for registering the name of the persons who have not obtained citizenship certificate based of land registration certificate, educational certificate and recommendation of the local bodies, is inconsistent with the provisions of Preamble, Article 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 of the Interim Constitution of Nepal, 2007 and Section 5 (1) (A) of the Electoral Rolls Act, 2006 and therefore, it should be declared null and void through the order of certiorari. In addition to this, it is requested to issue the writ of mandamus in the name of respondent to include the name in the electoral roll only of Nepali citizens who have obtained Nepali citizenship certificate pursuant to Article 8(1) of the Interim Constitution of Nepal, 2007 or whom the concerned District Administration Office, the authentic body for issuing citizenship certificate has issued certificate recognizing him/her as qualified for obtaining citizenship certificate. If the decision of the Election Commission dated 2067/7/16 (November 2, 2010) is implemented, there will be no any difference between the persons who have obtained Nepali citizenship certificate and those who have not obtained it, which will seriously affect the nationality of the country, millions of non-Nepalese/foreigners will become voters which will create serious threat in the existence of the country and cause irreparable loss and the purpose of this writ petition will have no meaning. Therefore, it is requested to issue an interim order for not to implement or not to cause to implement the decision of the Election Commission dated 2067/7/16 (November 2, 2010). Since the issue includes the matter of Electoral Rolls which has national importance, it is requested to provide priority for the hearing of this writ petition. Nepali citizen by mentioning in the clear word that “ For the purpose of the election to the Constituent Assembly, every citizen of Nepal shall be entitled to vote, as provided in law.” Since the act of obtaining Nepali citizenship is a legal process that goes on persistently and Electoral Roll is also continually collected, there is no legal restriction in including the name in the Electoral Roll after obtaining Nepali citizenship certificate. There is no any objection in collection of Electoral Rolls by including the names of Nepali citizens from the provision of Section 5(A) of the Electoral Rolls Act, 2006 and there is legal provision for giving continuity to this process. Whether or not the issue raised by the petitioner that the provision of the Section 11(1) of the Electoral Rolls Act, 2006 that “the name can be registered in the Electoral Rolls based on land ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute” is inconsistent with the preamble and Article 1, 2, 8, 9, 10, 46, 63, 65 and 129 of the Constitution is inconsistent with the constitution is constitutional is the issue to be considered at the final hearing of this writ petition. The condition has been raised that the issue which has been entered into this court has to be properly settled. Right now, it has to be tested with the principle of irreparable loss and balance of convenience whether the process of collecting Electoral Rolls based on the documents other than citizenship as per the decision of the Election Commission dated 2067/7/16 (November 2, 2010) should be allowed to be continued. In the condition that the issue whether it will be legal to collect Electoral Rolls based on other alternatives except citizenship certificate is sub judice in this court, it is not proper to implement the provision which is under sub judice of this court based on the principles of balance of convenience and irreparable loss. Therefore, an interim order has been hereby issued in the name of the respondent not to implement the decision of the Election Commission dated 2067/7/16 (November 2, 2010) to collect Electoral Rolls based on land ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute, until and unless the final settlement of this writ petition is made. Additionally, this issue of collection of Electoral Rolls which consists the nationally sensitive issue; therefore, this writ shall be presented for hearing providing priority. It is stated in the order of this court date 2067/8/9 (November 25, 2010). The respondents shall be asked to submit written response. To consider about the request for issuance of interim order, the provisions of Article 2, 63(7) and 65(A) have provided the right to participate in the Election only to Nepalese citizens. Specially, Article 63(7) has provided the voting right only to Advocates Nur Mohammad and Brijesh Kumar Chaudhari in their joint petition/application filed 30 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION