In its written clarification to the apex court, the EC has maintained that the definition of criminal offense in the act is in line with Article 65 (c) of the Interim Constitution.
“It is fictitious to say that the act contravenes the Interim Constitution as there is already a clear constitutional provision regarding the issue,” states the EC in its written clarification. [break]
According to Article 65 (c) of the Interim Constitution, a person convicted of a criminal offence involving moral turpitude cannot be a member of the CA.
The EC, referring to a writ petitioner´s demand that the EC should either allow all those convicted of criminal offenses to compete in the election or bar all those convicted rather than just those convicted in certain criminal offenses, accused the writ petitioner of filing the petition with ´ill-intention´ and out of double standards.
The EC has also claimed that it was meaningless to name it as a defendant in the writ petition as it had no role either in approving or issuing the act.
The apex court on June 30 had issued a show cause notice against the new election related provision that bars candidates who have been convicted of involvement in certain criminal cases.
A single bench of Justice Tarka Raj Bhatta on June 30 had ordered the defendants to furnish clarifications in writing within 15 days as to why the move was made.
Advocate Ram Chandra Poudel on June 25 had moved the apex court, seeking annulment of Clause 19 of the Election of Members of Constituent Assembly (CA) Act, 2013, arguing that the clause contravenes article 65 (c) of the Interim Constitution.
The writ petitioner has claimed that the definition of criminal case in the new act will allow even people convicted of criminal activities to contest the polls.
According to the act, those who have been handed down final sentences by courts for involvement in certain criminal cases including corruption, rape, murder, passport misuse, money laundering, drug smuggling and human trafficking, or have been black-listed, cannot file candidacy.
The president and his office, Chairman of the Interim Election Council Khil Raj Regmi and his office, the Election Commission and the Ministry of Law and Justice have been named as defendants in the writ petition.
Related story
Police write to Speaker about arrest of lawmaker Rana on charge...
