S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Thousands of Nepali people have been suffering from lack of citizenship across Nepal, a mandamus order be issued in so as to interpret their plight also and let the order be distributed as circular for implementation to the entire offices of Village Development Committees, Metropolitan City, Sub-Metropolitan cities, municipalities and their relevant ward offices, via the Ministry of Federal Affairs and Local Development; and to the all 75 District Administration Offices via the Ministry of Home Affairs. Citizenship Act, 2007 and Nepal Citizenship Rules, 2007 at the earliest and in case the petitioner applies for acquiring citizenship by disclosing the name of his father and address of mother, and if the mother attests to the same at the office, then let the needful matters be inquired and let a decision on awarding citizenship be made forthwith by not depriving the petitioner Rojan from Nepali citizenship certificate just on the basis that he intended to write the name of father and address of mother as recorded on his birth registration certificate and academic certificate. Page No. 24 071WO0710 29th August, 2016 Surendra Poudel VS Government of Nepal We were born in Nepal from a Nepalese citizen mother, we have been stateless due to being deprived of obtaining citizenship, and are compelled to be deprived of human rights including the right of identity and right of nationality and right to equality, and it has been against the provision of Article 8 (2) of Part 2 of the Interim Constitution of Nepal, 2063. hence, order, command including mandamus, whichever is needed, should be issued to provide citizenship by mother’s name as per law so as to interpret it in connection to the victims across the country like us. It is justified that Usha Chhetri, the mother of the petitioners, Surendra Paudel, Rusha Paudel and Sujan Paudel, is a Nepalese citizen, and the petitioners are seen to have been born in Nepal from the Nepalese citizen, Usha Chhetri, and they can obtain citizenship by mother’s name; hence, it is decided that mandamus order shall be issued on the name of Office of the Ward No. 12 of Kathmandu Metropolitan City, not to refuse to provide recommendation, saying that father’s citizenship has not been submitted, if the petitioners submit mother’s citizenship, and on the name of the opponent, District Administration Office, Kathmandu not to deprive the petitioners of citizenship on the ground that father’s certificate has not been submitted in the situation that the petitioners have clearly mentioned in the petition that they have been residing at maternal uncle’s home and mother’s citizenship has been submitted, and to provide citizenship certificate as per claim. 153 25 071WO0990 1st September, 2016 Mala Khadka Ghimire VS Government of Nepal Since the father has refused to get the birth registered, the birth of my daughter was not registered order and command including mandamus, whichever is needed, should be issued on the name of the opponent, the opponent the Office of Himganga V.D.C. to register or get the birth of the daughter registered by me, the applicant, being an informant. Since birth may be registered on the basis of the description furnished by mother who provides information even in the condition that the father is not traced or refuses, in the present issue, in case father’s name and address is clearly mentioned, the adult mother may furnish information in the absence of the chief person or father of the family who is to provide information as per Section 4 (1) (a) of Birth, Death and Other Personal Events Registration Act, 2033, and though the form filled up as per Section 5 of the same Act could be registered by examining it, the act or behavior of not registering the form as per Schedule and refusing to register birth appears as contrary to the legal provision and directives mentioned. Hence, from the analyzed basis and legal provisions, condition seems that Nepali citizen woman may register the births of her children with the status of single mother as well, and in 159

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