KATHMANDU, Dec 15: A writ petition has been filed at the Supreme Court (SC) demanding annulment of Rabi Lamichhane’s positions as lawmaker and President of the newly-formed Rastriya Swatantra Party (RSP). The RSP has stood as the fourth largest party in the House of Representatives (HoR) with 20 seats in total in the recently held parliamentary elections.
One Yubaraj Saphal of Sindhuli on Wednesday filed the writ petition at the Constitutional Bench of the apex court demanding that his position of lawmaker and the party president be vacated. The writ petitioner has made Lamichhane, Rastriya Swatantra Party, Election Commission, Federal Parliament and District Administration Office, Kathmandu, as the defendants in the case.
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The writ petitioner has claimed that the Election Commission (EC) made a serious violation of the constitution and election-related laws by allowing Lamichhane, who voluntary received US citizenship after renouncing Nepali citizenship, to register a new political party in his capacity as the party president, field his candidacy and get elected as a lawmaker of the federal parliament. Lamichhane has been elected as a member of HoR from Chitwan constituency number 2.
“Since there has been a presence of a serious public issue whether a person, who is not a Nepali citizen can become a member and office bearer of a political party, a candidate in the election and act as a member of the House of Representatives against the provision of law, I filed this writ to make interpretation and settlement of this issue,” states the writ petition.
The writ petitioner has also demanded the apex court to issue a mandamus order to the EC to relieve Lamichhane from the post of lawmaker, declaring him ineligible to become a member of the HoR.
