representing Pro Public and Single Women’s Group for Human Rights also pleaded before the Court, synopsis of which is as follows: Section 11(1) of the Electoral Rolls Act, 2006, all the provisions underlying in the sub sections 2 and 3 of the same Section and the provision of Section 25 of the said Act are inconsistent with the Preamble, and Articles 1,2,8,9,10,63,65 and 129 of the Interim Constitution of Nepal, 2007, and therefore urged for declaring null and void ab initio and as the decision of respondent Election Commission on 2nd November, 2010 as regards the collection of Electoral Rolls is also inconsistent with the above mentioned provisions of the Interim Constitution of Nepal, 2007 as well as those of Section 5(1) (A) of the Electoral Rolls Act, 2006, urged for voiding those provision through an order of certiorari. In this regard, at first it is expedient to examine the Section 11 of the Electoral Rolls Act, 2006. The Section 11 of the Electoral Rolls Act, 2006 provides that: The concept of citizenship has to be taken in twofold idea that is- citizenship as a status and citizenship as a right. Article 8 of the Interim Constitution of Nepal, 2007 relates with citizenship as a status whereas the matters of Chapter 3 and Article 65 pertain to citizenship as a right. In order to ensure the enjoyment of rights under Chapter 3 and Article 65, it is expedient that the State should fulfill its task of distributing citizenship certificates by also deputing citizenship certificate distribution teams regularly pursuant to the Article 11. Due to the gender discrimination and backwardness prevalent in Nepali society, women and single women in particular are facing difficulties in obtaining citizenship certificates. This fact has to be taken into account. Due to the troubles involved in the process of obtaining citizenship certificates, they should not be deprived from exercising their civil right of voting. Section 11: Seeking Evidence for Registration of Name: (1) Whether the provision except ‘citizenship certificate’ stipulated in Section 11(1) of the Electoral Rolls Act, 2006, provisions underlying in the sub sections 2 and 3 of the same Section and the provision of Section 25 of the said Act are inconsistent with the Preamble, and Articles 1,2,8,9,10,63,65 and 129 of the Interim Constitution of Nepal, 2007 or not? Where it is so required, while registering the name of a person in the Electoral Rolls pursuant to this Act, the Enrollment Officer may ask the concerned person or his or her family to submit the citizenship certificate, land ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute, setting out his or her date of birth or age or place of his or her residence. (2) Whether the decision of respondent Election Commission on 2nd November, 2010 as regards the collection of Electoral Rolls is inconsistent with the above provisions of the Interim Constitution of Nepal, 2007 as well as those of Section 5(1) (A) of the Electoral Rolls Act, 2006 or not? In the event of failure to submit the evidence sought pursuant to Sub-section (1), the Enrollment Officer may ask such person to submit a recommendation of the concerned Ward of the concerned Village Development Committee or Municipality. (3) The name of a person who fails to submit the recommendation referred to in Subsection (2) shall not be registered in the Electoral Rolls. Upon listening to the said arguments and to consider about the judgment, the following issues have to be settled in relation to the writ petition: 1) 2) 3) Whether an order as sought by the petitioner needs to be issued or not? 2. To consider about the first question, the main demand of the petitioner is that: The respondent Election Commission on 2nd November, 2010 has decided in course of collecting Electoral Roll containing photographs, names in that Electoral Rolls may be registered on the basis of land ownership certificate, identity cards issued by government offices, local bodies, government owned corporations and educational institutions, and recommendations of the Village Development Committees and Municipalities, apart from the citizenship certificate as per Section 11 (1,2) of the Electoral Rolls Act, 2006. As the provisions except the ‘citizenship certificate’ stipulated in Provided that, nothing shall be deemed to bar the registering of the name of a citizen of Nepal in the Electoral Rolls merely by the reason of his or her failure to submit the Nepalese citizenship certificate. Article 65 of the Interim Constitution of Nepal, 2007 has determined the qualification of the member of Constituent Assembly. In the Clause (a) of that Article lays down that one has to be a Nepali citizen to become a member of Constituent Assembly. Likewise, Section 5(1) (A) of the Electoral Rolls Act, 2006 has fixed a criteria that only a Nepali citizen shall have the right vote. Section 11(1) 34 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION