A single bench of Justice Tarka Raj Bhatta on Sunday ordered the defendants to furnish clarification in writing within 15 days as to why the move was taken.
The Election of Members of the Constituent Assembly (CA) Act, 2013 only bars candidates, who have been convicted for involvement in certain criminal cases, including corruption, rape, murder, passport misuse, money laundering, drug smuggling and human trafficking, or those who have been black-listed.
Advocate Ram Chandra Poudel on Tuesday had moved the apex court seeking annulment of clause 19 of the Act, arguing that the clause contravenes with article 65 of the interim constitution.
The writ petitioner has claimed that the definition of a criminal case in the new act will allow even some people convicted of criminal activities to contest the polls. 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 persons and bar others from contesting the election. The president and his office, Chairman of the Interim Election Council Khil Raj Regmi and his office, EC and Ministry of Law and Justice have been made defendants in the writ petition.
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