Writ petition filed at SC seeks to declare contradictory constitutional and legal provision for political parties null and void

Published On: May 26, 2023 02:30 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, May 26: A writ petition was filed at the Supreme Court on Wednesday demanding that the contradictory constitution and legal provisions for political parties be declared null and void.

Khajanti Mahato Nuniya of Rautahat filed a writ petition in the constitutional bench of the apex court saying that the provisions in the constitution and the laws related to parties are in contradiction. The hearing on the writ petition has been fixed on May 31.

The writ petitioner has demanded that the post of people's representative of the rural municipality or municipality be left vacant if the candidate in question leaves the party or the party takes action as per the provisions of the constitution.

The writ petition has stated that if a member of the Federal Parliament and the Provincial Assembly leaves the party, his position will automatically be vacant. However, there is no such arrangement in the case of the local level.

The Political Parties Act, 2073 and the Political Parties Regulations, 2074 have been formulated and implemented.

“According to Article 89(e) and Article 180(e) of the constitution, if the party that has been elected as a candidate and a member of the party informs that he has left the party in accordance with the federal law, his position as a member will be vacant according to Article 215(6) 216( 8) in the same way, i.e., if the party in which the candidate was elected as a member of the party informs that he has left the party in accordance with the federal law, there is a provision that his position will be vacated,” the writ petition stated.

He added, “There is a clear provision in the law and the constitution Since we have arranged for a three-level government structure, to implement the above-mentioned vacancy provision equally, make necessary amendments to the constitution and laws, and issue orders and other appropriate orders in the name of the opponents and get full justice.”

In Articles 215(8) and 216(8) of the Constitution, there is no constitutional provision for the position of the people's representative to be vacant, but in accordance with Section 31(2) of the Political Parties Act, which prohibits desertion, if a member deserts the party in violation of subsection 1, there is a provision that he is automatically considered vacant from elected position from the date of his resignation.


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