result of election are equally important and sensitive. The programs of every step have to be completed within determined time frame. With the purpose of allowing maximum participation of people in every such step, the Election Commission makes an effort to make maximum participation of the people by carrying out wider publication and propagation of election programs. Reasonable time has been provided to the citizens for this purpose. may or may not be registered in the Electoral Rolls or preparation of Electoral Rolls or update thereof by the authorized officer. 34. In the Article 129 of the Interim Constitution of Nepal it is provided that the Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control the election to the Constituent Assembly, any referendum to be held under Article 157 of this Constitution and elections to the Local Authorities. For these purposes, the Election Commission shall prepare the electoral rolls. In the matter of collecting Electoral Rolls as mentioned above, going through the legal provision made in the Electoral Rolls Act, 2006 and Electoral Rolls Rules, 2012, it is provided that the Commission shall publish a notice to that effect pertaining to program of the same, designation of Enrollment Officer, deputation of enumerator, publication of program of the collection of detail, publication of Electoral Rolls existing at that time, collection of the name of the person eligible for being a voter but whose name has not been registered in the Electoral Rolls, collection of necessary details for removing the names of the dead persons and migrated persons from the Electoral Rolls, collection of details for correcting the errors existing in the Electoral Rolls, making necessary inquiry according to collected details for updating and publication of the Electoral Rolls, collection of the application made by the eligible person whose name is omitted from the Electoral Rolls and publication of updated Electoral Rolls, collection of objection stating that the name of any person cannot be included, make inquiry into the objection and decide thereto, collecting the details for removing the name of the person whose name is repeated in the Electoral Rolls and remove thereto, publication of the final Electoral Rolls by the Enrolment Officer after completing the process of making claim, objection, holding inquiry and making amendment in it. Such procedural matters have been determined in a sequential order. Studying these legal provisions, the law aims at determining necessary legal provisions for making the Election Commission capable and ready for discharging its constitutional obligation by keeping the Electoral Rolls exact taking into consideration of the election which may be held at any time. 31. Since the program of election is tight and it is compulsory to hold election in time, the Election Commission carries out all the activities and preparation diligently and carefully not to let any citizen left. If any citizen has been left despite taking maximum care, the remedy has been provided only from extraordinary jurisdiction with the purpose that it may not affect the nationwide election program. The extraordinary remedy under Article 107(2) is available. From this, the way of remedy has not been closed; the provision of extraordinary remedy is always open. Only ordinary remedy has not been provided for any activities of election. While providing remedies for such activities under ordinary jurisdiction, right to appeal to one level has also to be provided by which the process of judicial remedy will be delayed and it will obstruct the election program. The right to voting is not a fundamental right but a legal right. Although there is no remedy under ordinary jurisdiction for the enforcement of that legal right, the door of getting remedy under extraordinary jurisdiction according to the Article 107(2) of the Interim Constitution of Nepal has been left opened. 32. The reason of leaving the door of extraordinary jurisdiction open by excluding the ordinary jurisdiction is that the extraordinar y jurisdiction of this court is a strong medium of getting speedy and complete justice. The programs of election are very tight and therefore, it requires prompt remedy. There is another reason for providing remedy through extraordinary jurisdiction rather than ordinary jurisdiction by the Section 25 of the Electoral Rolls Act, 2006. It is that the election programs have to be conducted within the time specified by the Election Commission and the complaint regarding election has to be settled without any delay. Therefore, the remedy under ordinary jurisdiction has not been provided. 35. Studying the legal and constitutional provision discussed above the Election Commission is an independent Constitutional body. While exercising its function, duties and powers under the Article 129 of the Constitution, the 33. In regard to this writ petition, the Section 25 of the Electoral Rolls Act, 2006 has not provided remedy only to the subject whether or not the name of any person has been registered in, or 42 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents