ground of equality. It cannot be said otherwise that
upon abiding by the rule, process and procedure
determined in the Citizenship Act and Rule, the
party, who requests to obtain citizenship shall, have
to furnish application by rule to the body concerned.
Likewise, it cannot be right to say otherwise that by
fulfilling the process of law, the body concerned,
too, shall have to provide recommendation. The
opponent petitioner cannot clearly mention the
matter that application congruent to rule was
furnished to the body concerned for the sake of
recommendation by fulfilling the rule, process
and procedures determined in the law. In this
condition, it cannot be said that the officials,
who have legal duty to make recommendation
of the citizenship and who provide citizenship
certificate by remaining under the law, should
provide the opponent petitioners by ignoring the
rule, process and procedure determined in the law.
Upon looking into the context of issue regarding
conferring the citizenship of Nepal by mother’s
name, in writ petition of writ No. 0703 of the year
2067, having including Sabina Damai as petitioner
versus including this Office as opponent, directive
order was issued by esteemed Supreme Court
on date 2067/11/15 (February 27, 2011 A.D.) and
hence, 3 point circulation was sent to all District
Administration Offices by this Office for the sake of
its implementation; in the context of this issue, it
does not appear that condition exists to issue order
from the esteemed Court. In connection to the other
petition claim, it shall be clear from the affidavits
of body/lien on posts concerned. Hence, from the
aforementioned ground and reason, condition does
not exist to issue any order on the name of this Office
as per claim of the opponent petitioner; hence, the
opponent’s writ petition should be revoked. Affidavit
of the Office of the Prime Minister and the Council
of Ministers reads as above.
presented the pleading stating that there is no
dispute in the fact that the petitioner is a Nepalese
citizen by descent as per prevailing Constitution
and Act and Rule relating to citizenship. Jogendra
Basnet, the husband of the petitioner, Yashu Maya
and father of the petitioner, Bijay Basnet, has been
presently disappeared and has not been traced even
upon searching for and investigating, the petitioner,
Bijay Basnet, has been provided with patronage
by his mother by nurturing; in such a situation,
when Bijay Basnet demanded recommendation
of the local body from Lalitpur Municipality, Ward
No. 13, wishing to obtain Nepalese citizenship
certificate with the name and address of his mother,
Yashu Maya Budhathoki Basnet; in this condition,
the aforementioned Ward Office refused to be
provided with recommendation; this act is against
including the rule and procedure directives relating
to citizenship. Citizenship has become a matter of
a person’s identity and right; hence, because local
body has refused to fulfill the duty to be performed
by it pursuant to law, condition has been created
in which Nepalese descent is to be deprived of
obtaining Nepalese citizenship certificate. In
the condition that the Constitution has ensured
a person, who is qualified to obtain Nepalese
citizenship by descent, to obtain the citizenship of
Nepal so as to have identity through the name of
any one of the father or the mother, the act meted
out to refuse to carry on its duty by a body of the
state mechanism so as to pose obstruction in the
aforementioned constitutional right of the citizen
is extremely unjust; hence, there is the condition
that the petitioner Bijay Chhetri is rendered to
have been deprived of the constitutional right
to obtain his citizenship. Though the mother of
the petitioner, Yashu Maya, was born under the
Okhaldhunga district, they are presently residing in
Lalitpur district, Lalitpur Municipality, Ward No. 13;
in this situation, the act of furthering the process of
obtaining citizenship from the same district by her
child is congruent to law; hence, mandamus order
should be issued on the name of the opponent to
provide or get the citizenship provided by mother’s
name as per petition claim. Similarly, learned joint
attorney, Mr. Kiran Paudel, present on behalf of the
opponents including the Office of the Prime Minister
and the Council of Ministers, pleaded stating that
though existing Constitution, Act and Rule has put
no restriction to the petitioner, Bijay Basnet, on the
issue of obtaining citizenship of Nepal by mother’s
name; the procedure prescribed must be fulfilled for
this. But, in the present dispute, condition appears
that the petitioners are not seen to have furnished
the process for the sake of obtaining citizenship
by fulfilling process as per this. It is mentioned
that the permanent address of the parents of the
By remaining under Section (B) of Sub-article 2
of Article 8 of the Interim Constitution of Nepal,
2063, Clause 3 of Nepal Citizenship Act, 2063, Nepal
Citizenship Rule, 2063 and the directives formed
under these, the Government of Nepal is providing
Nepalese citizenship certificate by descent, and no
Nepalese citizen has been deprived of obtaining
citizenship by mother’s name as per aforementioned
law; the writ petition filed regarding conferring
the citizenship is seen to be meaningless; hence,
it should be revoked. Affidavit of Ministry of Law,
Justice, Constituent Assembly and Parliamentary
Affairs reads as above.
In the present writ petition that has been submitted
before this Bench upon being inducted in cause list
for the sake of decision, pleadings have been heard
which was made by advocates Meera Dhungana and
Ms. Sushma Gautam, present on behalf of petitioner,
80
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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