mentioned in the Section 11 of the Electoral Rolls Act, 2006 cannot be implemented independently contrary to the Section 5(1) (A) of the said Act, therefore, the decision of the Election Commission dated 2067/7/16 (November 2, 2010) does not seem to be inconsistent with the Article 8(1) of the Interim Constitution of Nepal, 2007 and Section 5(1) (A) of the Electoral Rolls Act, 2006. Therefore, the decision of the Election Commission dated 2067/7/16 (November 2, 2010) needs not be quashed. to CEDAW, the persons including single women and persons with third gender should get Nepali citizenship certificate. Therefore, it is hereby issued an order to make necessary provision in this regard; b) Nepal Treaty Act, 1990 provides that the provisions of the Convention to which Nepal is a party shall be enforceable as good as Nepalese laws. This provision is necessary. It is because, the country with rule of law should not deviate itself from the commitment to international law and human rights. Since Nepal is a party to more than 20 human right treaties, this court for 20 years, has implemented the provisions of international human right treaties invoking the Section 9 of Nepal Treaty Act, 1990. This is the provision and objective of the Section 9 of Nepal Treaty Act, 1990, however, some of the provisions of several Human Rights Conventions are not consistent with Nepal law. For example, there is difference in the definition of child in the Convention on the Rights of the Child (CRC) and the definition of child made by Nepal law. Our Constitution has contemplated the principle of constitutional supremacy and our parliament is sovereign in law making, it will be in agreement with the intention and spirit of the Article 1 to enforce the provision of convention through enabling law. Therefore, it is hereby issued an order to make necessary provision in this regard, and c) With the purpose that not the name of a single eligible citizen be omitted, it is hereby also issued an order to make arrangement of collecting Electoral Rolls after making easy, accessible and effective provision of distributing citizenship certificate to all the Nepali Citizens eligible for obtaining citizenship certificate. 38. Now to consider about the 3rd question, while discussing the question No 1 and 2 it has already been interpreted that the claim of the petitioner for voiding the provisions of Section 11 (1), (2) and (3) of Electoral Rolls Act, 2006 except ‘Citizenship Certificate’ and the provision of Section 25 (A) and (B) of the same Act being inconsistent with the provisions of Preamble of the Interim Constitution of Nepal, Article 1, 2, 8, 9, 10, 11, 46, 63, 65 and 129 thereof and also quashing the decision of the Election Commission dated 2067/7/16 (November 2, 2010) for being inconsistent with the Section 5(1) (A) could not be sustained and therefore, it need not be issued the order as urged by the petitioner. However, since the right to citizenship and the voting right consist the subject matter of national importance, the following directive order is hereby issued in the name of the Government of Nepal and Council of Ministers: a) The plead of other interveners who joined to this petition pursuant to Rule 42 of the Supreme Court Rules, 1992 except that of Pro-public has been addressed from the decision mentioned above. However, the plead of Pro-public that single women should not be deprived from registering the name in the Electoral Rolls due to failure of obtaining citizenship certificate seems just and reasonable. All citizens who have attained the age as stipulated by the law should be allowed to be a candidate and vote in election in a democratic system. If any single citizen who is eligible for voting is deprived of the voting right, such system cannot be called the representative democracy having participation of all citizens. Therefore, any citizen because of being single woman should not be deprived from becoming a candidate and right to voting. Constitution has provided that discrimination must not be made among men, women and persons of third gender and since Nepal is a party The copy of this order shall be supplied to the respondents through the Office of the Attorney General and the case file shall be handed over as per the rule. We concur with the above opinion. Honorable Justice Mr. Bharat Raj Upreti Honorable Justice Prof. Dr. Bharat Bahadur Karki Done on Monday the 24th day of the month of Magh of the Year 2067 (February 7, 2011) 44 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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