Advocate Ram Chandra Poudel moved the apex court seeking annulment of clause 19 of the Election of Members of the Constituent Assembly (CA) Act, 2013, arguing that the clause contravenes with article 65 of the Interim Constitution. [break]
The writ petitioner has claimed that the definition of criminal case in the new act will allow even some people convicted of criminal activities to contest the polls. The newly enforced act has barred candidates who have already been handed down final verdicts by the courts for involvements in certain criminal cases.
According to the act, those who have been handed down final sentences by the courts for involvement in certain criminal cases including corruption, rape, murder, passport misuse, money laundering, drug smuggling and human trafficking, among other things, or have been black-listed, cannot file candidacy.
The petitioner has demanded implementation of only the respective provisions which are accommodated in the Interim Constitution. Poudel has also urged the apex court to issue an interim order until the court passes a final verdict on the issue.
The petitioner has argued that the new provision is against the rights to equality, saying it will allow some of convicted people while bar others from contesting the election.
The Interim Election Council on June 13 had forwarded the ordinance on amending of the Election of Members of the Constituent Assembly (CA) Act, 2013.
The president and his office, Chairman of the Interim Election Council Khil Raj Regmi and his office, Election Commission and Ministry of Law and Justice have been named as defendants in the writ petition.
Related story
Desperate search for missing girls as nearly 80 dead in Texas f...
