the writ petition of the opponents is revocable; it
should be revoked. Affidavit of Hom Nath Maske
on behalf of Lalitpur Sub-metropolitan City, Ward
No. 13 reads as above.
which right conferred by law is affected how due to
what, which act and action or decision of whose,
evidence should be submitted so as to satisfy
the Court. Opponents’ claim cannot be justified
simply by making opponent or holding claim. In
the aforementioned context, it is not found that no
reason and ground could be explained to make this
Ministry an opponent; hence, in connection to the
Ministry, the opponents’ writ petition is revocable
in prima facie. It should be revoked.
The writ petitioner has not submit the application to
this office with rule as per Schedule to be submitted
along with the recommendation from local body
concerned for the sake of obtaining the citizenship
certificate of which there is provision in Clause 8
of Nepal Citizenship Act, 2063 and Rule 3 of Nepal
Citizenship Rule, 2063; hence, the aforementioned
writ should be revoked. Affidavit of District
Administration Office, Lalitpur reads as above.
In the context that it has been mentioned that, in the
writ petition, Office of Lalitpur Sub-metropolitan
City, Ward No. 13 has not provided recommendation
for the sake of making Nepalese citizenship
certificate, from the observation, description is clear
that Local Self Rule Act, 2055 has been promulgated
with the purpose to form the local bodies for the
sake of development of the local self-rule system. It
is clear that the Municipality set up as per Clause 80
of the aforementioned Act is a continuous successive
self-ruled and organized institution as per Clause 81
of the same Act. Moreover, in Clause 262 of the same
Act, there is legal provision that the rights conferred
to the village development committee, municipality
and district development committee, as per Local
Self-Rule Act, except otherwise made provision in
the aforementioned Act, these bodies shall have to
use; in this context, regarding the decision and acts
and actions happened and done by the municipality
autonomous by law, there is no condition to make
this Ministry an opponent; hence, the opponent’s
petition is revocable; it should be revoked.
The opponent writ petition has made this Ministry
also an opponent, but cannot explain anywhere in
the writ petition the particular reason of making
opponent. Since she cannot justify what kind of
effect has happened upon the right of the opponent
due to which act and action of this Ministry, the
claim pleading is automatically revocable. So
far as the claim of the petitioner that citizenship
certificate has to be obtained as per prevailing law
is concerned, the act regarding the citizenship does
not fall under the scope of this Ministry; hence, false
claim pleading held by the opponent taking base of
the acts not done by this Ministry should be revoked.
Affidavit of Women, Children and Social Welfare
Ministry reads as above.
As per mentioned by writ petitioner, Bijay Basnet,
in his writ petition, the matter that Nepalese
citizenship certificate was not provided to him when
he demanded the citizenship certificate by fulfilling
the procedure prescribed by law upon being under
the Nepali Citizenship Act, 2063 including the Rule,
2063 is false. To obtain citizenship as per law is
the natural right of all citizens; hence, circulation
was made by this Ministry to all the offices under
it on date 2068/5/5 (August 22, 2011 A.D) , stating
that citizenship certificate should be provided
through the mother’s name as well, by fulfilling
all the legal processes prescribed by act and rule.
The petitioner’s description that citizenship was
not provided by mother’s name is false. Hence, no
acts and actions of this Ministry have affected the
petitioner’s fundamental right; hence, interim order
and writ is not supposed to be issued in connection
to this Ministry as per claimed in the writ petition;
writ petition is revocable; it should be revoked.
Affidavit of the Ministry of Home Affairs reads as
above.
So far, by demanding mandamus by the petitioners,
condition does not exist for the writ petitioners
to hold claim to issue mandamus on the name of
including this Ministry, and as per the Government
of Nepal (Work Division) Rule, 2069, the works
including making recommendation for the sake
of citizenship certificate and providing citizenship
do not fall within the scope of this Ministry; hence,
condition of creating any legal duty and liability of
this Ministry does not exist regarding this; hence, the
opponents’ writ petition is revocable; it should be
revoked. Affidavit of the Ministry of Federal Affairs
and Local Development read as above.
The Government of Nepal, Office of the Prime
Minister and the Council of Ministers is committed,
by complying or getting the Constitution and law
complied, to realize the concept of rule of law and
to respect, protect and promote the rights of the
citizens conferred by Constitution and law. So far
as the issue of the acquisition of the citizenship
claimed by the writ petitioner, regarding this, it is
found that apart from the Constitution of Nepal,
2063, Nepal Citizenship Act, 2063 has made the
provision that the citizens of Nepal can obtain the
citizenship of Nepal without discrimination on the
First of all, writ petitioners cannot mention anything
regarding what and what kinds of constitutional
and legal rights of theirs have been affected by
what, what kinds of acts and actions or decisions
of this Ministry. While holding claim against
anyone, by clearly mentioning regarding what,
79
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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