to the Article 65(a) of the Interim Constitution, to nullify those provisions by invoking Article 107(1) as requested by the petitioner shall be tantamount to entertaining a moot case. The Court does not exercise its extraordinary jurisdiction pursuant to Article 107(1) in an assumed potential invasion of a right. In order to exercise the jurisdiction under the Article 107 (1), there has to be an actual and threatened invasion of right. In the context of the Constituent Assembly, such situation has already passed away. The Article 107(1) shall not be used since the circumstance has already been changed after the conduction of election and constitution of the Constituent Assembly and the potential dispute has already ceased to exist. The US Supreme Court, in the case of Doremus Vs Board of Education (1952) 342 US 429 has held that the court shall not intervene if the issue has been dead owing to change in the status. In Mills Vs Green (1895) 159 US 561, the US Supreme Court has held that no intervention may be made if the issue has been dead. into commencement after drafting of the constitution by the Constituent Assembly, as there is no provision of a separate parliament and its possibility, its work is being carried out by the Constituent Assembly itself, the Court need not intervene in this matter. 18. However, the function of Election Commission to collect Electoral Rolls is a continuous process. The roll collected today may be used in any level of the elections to be held under this Interim Constitution or a new Constitution. The preamble of the Electoral Rolls Act, 2006 clarifies this phenomenon. Although the election to Constituent Assembly has already conducted, the overall purpose of the Act for the elections to be held under the new Constitution, except the election of Constituent Assembly has not extinguished yet. Therefore, it will be expedient to address some of the issues raised by the petitioner over the Constitutionality of the Act. 19. The main plead of the petitioner is that names in the Electoral Roll cannot be registered and candidacy cannot be filed without obtaining the citizenship certificate as the Constitution and laws provide that no one can register his/ her name in the Electoral Rolls and become candidate in the election without obtaining citizenship certificate. However, the written response of the respondents and the plead of the interveners is that Article 8 of the Interim Constitution has deemed those people also as Nepali citizens who are eligible of obtaining Nepali citizenship certificates but have not obtained it yet. Therefore, names in the Electoral Rolls may be included, without obtaining citizenship certificate, on the basis of identity cards issued by government offices, local bodies, government owned corporations and educational institutions, and recommendations of the Village Development Co m m i t t e e s a n d Mu n i c i p a l i t i e s t h a t substantiate someone as a Nepali citizen. 16. As the Constituent Assembly has already been constituted and there is no provision for the constitution of another Constituent Assembly, the matter of Election to members of Constituent Assembly pursuant to Article 65(a) has turned out to be a dead issue now. Therefore, the terms applied in Section 11 of the Electoral Rolls Act, 2006 need not be declared void as sought by the petitioner in the present conditions for the purpose of elections to Constituent Assembly. 17. On the basis of the provisions of Section 11(1) and (2) of the Electoral Rolls Act, 2006 of which the petitioner has requested for declaring null and void, in case it is assumed that there may be a possibility that persons other than the citizens register their names in the Electoral Roll and even a non-Nepali citizen may also cast vote or become a lawmaker, then one has to also maintain that there is no arrangement in the Interim Constitution for a separate election of the legislature parliament or the parliament. Because of this reason this Constitution is the interim constitution and a new Constitution shall come into effect only after the Constituent Assembly frames a new constitution passes it. After the drafting of new constitution, the new constitution shall be commenced and the legislature constituted according to new Constitution and the law relating to Electoral Rolls and Election made by such legislature will have to be considered by comparing with the new Constitution. Hence, as the new Constitution shall be brought In this context, it is worthwhile to analyze first the Constitutional provision regarding citizenship. The provision in Article 8(1) of the Interim Constitution of Nepal, 2007 regarding the citizenship at the time of commencement of this Constitution is as follows: Article 8: Citizenship at the Commencement of the Constitution: (1) At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship by virtue of this Part shall be the citizens of Nepal. 20. Once a citizenship certificate is acquired as 39 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION