S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. 5 Writ No 2067WS-0017 N.K.P. 2068, No. 1, Decision No. 8536, Pg. 39, 7th February, 2011 Saroj Nath Pyakurel V Government ofNepal To repeal the decision of the election commission where while registering the name of a person in the Electoral Rolls, on the basis of land ownership certificate or any identity card issued by a government office instead of citizenship certificate. All citizens who have attained the age as stipulated by the law should be allowed to be a candidate and vote in election in a democratic system. If any single citizen who is eligible for voting is deprived of the voting right, such a system cannot be called the representative democracy having participation of all citizens. Therefore, any citizen because of being single woman should not be deprived from becoming a candidate and right to voting. Constitution has provided that discrimination must not be made among men, women and persons of third gender and since Nepal is a party to CEDAW, the persons including single women and persons with third gender should get Nepali citizenship certificate. Therefore, it is hereby issued an order to make necessary provision in this regard; With the purpose that not the name of a single eligible citizen be omitted, it is hereby also issued an order to make arrangement of collecting Electoral Rolls after making easy, accessible and effective provision of distributing citizenship certificate to all the Nepali Citizens eligible for obtaining citizenship certificate. 28 6 Writ No. of 2067 BS: 067WO0703 N.K.P. 2068, No. 2, Decision No. 8557, Pg. 247, 27th February, 2011 Sabina Damai Vs Government of Nepal Pleading for the issuance of Mandamus and/or any other necessary order from the honored Court to grant me citizenship from the name of my mother and make interpretation from the honored court in case of other aggrieved persons like me. Also pleading that this writ petition be awarded preference in hearing since this subject is very sensitive and is a matter of public interest. It is stated in the writ petition filed at this Court. As there is an obvious provision in Article 8(2) of Interim Constitution of Nepal, 2007 that Nepali citizenship may be obtained from the name of mother in cases similar to that of the petitioner whose mother is a Nepali citizen but whose father, though Nepali, has not been traced out or even the mother cannot determine who the father of the child is, it is the fundamental and human right of children to obtain citizenship in an easy manner. However, it has not been implemented in practice, so as to ensure that any other person with the cases similar to that of petitioner for obtaining Nepali citizenship certificate again, in case a child born in Nepal to a Nepali female who has been proved to be the citizen of Nepal, but whose father’s whereabouts have not been traced, approaches for obtaining citizenship from the name of his/her mother, it is hereby ordered that upon fulfilling the processes and procedure of Nepal Citizenship Act and Rules, 2006 the citizenship certificate shall be issued to him/her from the name of mother in a easy manner. A directive order is also hereby issued in the name of respondent Ministry of Home Affairs to circulate this decision to all the Chief District Officers nationwide. 45 7 066WO0869 ((January 11, 2012) Nina Tamang (Gurung) VS Government of Nepal Making narrow interpretation of the word ‘descent’ I have been denied to obtain citizenship in the name of husband and resultantly I have been deprived from the right to make a choice from whom I have to get identity. Therefore, I request to issue an order of Mandamus and/ or other necessary order to provide me citizenship certificate from the name of my husband. When a person seeking service comes to the office and submits application thereof, it is the responsibility of the concerned government official to take necessary action including the registration of the application. If the application does not fulfill the necessary procedure or does not enclose the necessary document the office also has the power to endorse and return back the application instructing him or her to come after fulfilling necessary procedure and enclosing necessary documents. After the petitioner has submitted the application enclosing necessary documents for obtaining citizenship certificate, the District Administration Office Nuwakot has to take necessary decision as per the law over it. 57