Responding to a writ petition, filed by Sadhhya Bahadur Bhandari, Rishiraj Ghimire and Tara Lamichhane, seeking annulment of the EC´s decision to accept documents other than citizenship, the special bench of SC justices Balaram KC, Bharat Uprety and Bharat Bahadur Karki issued a verdict to this effect.[break]
The petitioners had claimed that the EC move would set a wrong precedent.
Following mounting pressure from Madhes-based parties, the EC on November 3 made a decision to accept documents issued by academic institutions and land ownership certificates, among others, citing that it was within the ambit of the existing laws.
The SC verdict states that documents other than citizenship can be used for verification of the citizenship but must not be accepted for voter registration.
“Other documents like land ownership, ID cards or academic certificates can be used to verify the authenticity of the citizenship if they appeared suspicious,” the verdict reads.
Madhes-based parties´ demand to include the names of those living in Nepal for long time in the voter registration list has also been denied by the SC.
“One gets rights to vote or file candidacy not because of he or she has been living in Nepal for long time but one will have rights to vote or become a candidate if he or she has acquired citizenship certificate,” states the verdict.
The bench said only Nepali citizens enjoy the freedom and rights to participate in the voting process and also asked the Office of Prime Minister and Council of Ministers (PMO) to make an effective arrangement for issuing citizenship to eligible Nepalis.
Article 63 (7) of the interim constitution explicitly stipulates that only Nepali citizens enjoy the right to vote.
The SC had earlier issued a verdict staying the EC´s move to collect new electoral roll without documentary evidence of citizenship till the next decision of the court.
Senior advocates Sindhunath Pyakurel, Shambhu Thapa and advocates Dr Bhimarjun Acharya, Chandrakanta Gyawali, Tulasi Bhatta, Tikaram Bhattarai, Rishiram Ghimire and Tara Lamichhane had pleaded on behalf of the petitioners.
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