S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. Therefore, an order of Mandamus has been hereby issued in the name of District Administration Office Nuwakot to verify and register the application submitted by the petitioner Nina Tamang for obtaining citizenship certificate, following the necessary legal procedure in case she comes to do so and for taking necessary action whatever has to be taken pursuant to Article 8(2) (b) of the Interim Constitution of Nepal 2007 and Nepal Citizenship Act, 2006. 8 067WO1249 10th July, 2013 Sita Devi Adhikari et al VS Government of Nepal Order including Mandamus whichever is required should be issued on the names of the opponents stating to implement or get the naturalized citizenships implemented in practice, which are to be issued on the basis of the provisions made in Article 8 (7) of the Interim Constitution of Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act, 2063. Moreover, Mandamus order should be issued on the name of Home Ministry stating to make decision or get the decision to confer the naturalized citizenships made upon the application furnished by me, Raju Shaiyad Mohammad, of the petitioners, on the date of 2064/11/29, stating “naturalized citizenship should be granted” as per Article 8 (7) of the Interim Constitution of Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act, 2063, and Rule 7 (1) (3) of Citizenship Rule, 2063, as well as upon the applications of all the applicants who have applied for the naturalized citizenships. In the affidavit submitted by the Home Ministry, it is mentioned that investigation is still going on upon the aforementioned application. From this, the situation is clearly seen that the Home Ministry has committed unjust delay in making decision on the issue as per petition claimed. The analysis made above has justified about this, as well. However, the functions and actions to be accomplished by the opponent, Home Ministry, remained as a body that is supposed to take up public accountability, must be delay-less, transparent and responsible. Hence, from the aforementioned analysis, the situation is seen that the Home Ministry has delayed to make decision on the issue of the claim held in the writ petition; hence, it is decided that order of Mandamus is to be issued on the name of the opponent, the Home Ministry, stating that by accomplishing the work as soon as possible if the work of investigation upon the application for the naturalized Nepalese citizenship furnished by the writ petitioner, Raju Shaiyad Mohammad, is still remaining, to make decision as soon as possible on the issue of what, whether or not the citizenship can be conferred to him. 60 9 069WO-880 14th March, 2014 Bhola Nagarkoti VS Government of Nepal An order of mandamus or any other similar, needful order be issued in the name of respondents causing them to issue us, the victim petitioners, citizenship certificates by descent, in the mother’s name. Article 8 (2b) of the Interim Constitution of Nepal, 2007 has prescribed father or mother rather than father and mother. The said article places or and not and after the term father. If it were father and mother instead, one would have not been able to gain Nepali citizenship certificate in this situation. However, as the Constitution has explicitly provided for father or mother, it is deemed that in the event any one between the father and mother is a Nepali citizen, such an offspring may well obtain Nepali citizenship certificate. This being the case, the respondents seem to have misconstrued and misinterpreted 67