According to EC Spokesperson Bir Bahadur Rai, a meeting of the Commission held on Wednesday, following probes into complaints filed against Dhungel and Faqeer, decided to annul their candidacies and remove their names from the closed list of PR candidates . [break]
Dhungel and Faqeer are two out of seven PR candidates whose eligibility was challenged at the constitutional body. EC Spokesperson Rai stated that Dhungel´s candidacy was scrapped as the latter is ineligible to be a candidate, as per Clause 19 (e) of the Ordinance on Election of Members of the Constituent Assembly (CA) and a verdict issued by the Supreme Court (SC).
According to Clause 19 (e) of the Ordinance on Election of Members of the Constituent Assembly (CA), anyone sentenced to life imprisonment or life with property attachment in a final verdict of the courts will be disqualified for contesting elections.
The SC back in 2001 had upheld an order of Okhaldhunga District Court convicting Dhungel of murdering Ujjan Kumar Shrestha.
Ram Kumari Jhakri of CPN-UML had filed a complaint against Dhungel. Jhakri had demanded that the EC annul Dhungel´s candidacy, stating that he stands convicted by court of a criminal offense.
Similarly, the EC annulled the candidacy of Faqeer, stating that she is not eligible to be a candidate, under Article 65 (d) of the Interim Constitution.
The EC, in its decision, said that Faqeer is still enjoying perks from the National Muslim Commission.
As per Article 65 (d) of the Interim Constitution, a person seeksing to become a member of the CA.must not be holding any office of profit.
Mohammad Zakir Hussein of UCPN (Maoist) had lodged complaint against Fakeer, stating that she is an incumbent member of the National Muslim Commission and is not qualified to be a PR candidate.
However, the EC dismissed complaints lodged against five other PR candidates--UCPN (Maoist) candidates Anita Kumari Pariyar, Dhana Maya BK Khanal and Hari Ram Shreepaeeli, Samajbadi Janata Party candidate Rita Thapa Magar and Bimala Laxmi Shah of League Nepal Shanti Ekata Party.
Pariyar and BK Khanal were accused of being incumbent members of the National Dalit Commission while Shreepaeeli was accused of holding an office of profit. Similarly, Shah was accused of possessing dual citizenship and also being involved in fraudulent activities.
Asked why the EC upheld the candidacies of the other five whose eligibility was challenged, Chief Election Commissioner Neel Kantha Uprety told Republica, “The complainants could not produce necessary evidence in their complaints.”
As per the calendar of events for the proportional representation electoral system, the EC on Thursday will issue notice about the removal of names of disqualified candidates.
The EC on October 30 had instructed the seven PR candidates to defend their eligibility by Tuesday for contesting the upcoming CA elections scheduled for November 19.
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