KATHMANDU, Oct 10: Reshamlal Chaudhary, who was sentenced to life by the court in a mass murder case, registered his nomination for a membership of the House of Representatives (HoR) through his representative, but according to the law, his candidacy will not be valid.

Chaudhary, who has been sentenced to life imprisonment by the district and high courts, has submitted his candidacy for the election as a member of the HoR. He is currently in the Dillibazar jail in Kathmandu. According to the court's decision, Chaudhary has to remain in prison until March 25, 2038. Chaudhary filed his candidacy for the member of the HoR from Bardiya constituency 2 through a representative on Sunday. His candidacy is from the People’s Freedom Party.

Even those who are in jail can run in elections. However, according to the law, the candidacy cannot be maintained, said Guru Prasad Wagle, deputy attorney at the legal section of the Election Commission. Anyone can field for elections in the beginning. A person in prison can also appoint a representative. "The representative can register the candidacy of a person who is in jail," Wagle said, "but the candidacy of a person involved in matters specified by the law will not be maintained."

In Section 13 of the House of Representatives Election Act, 2017, there is a provision that those who are in custody during investigation and during the period of imprisonment cannot be candidates. At the place of nomination, there is a legal provision that only competing candidates should file a complaint about another candidate. Only competitors in the same area can file a complaint. After the complaint, the Election Commission will declare that the candidacy cannot be maintained.

In case of those convicted of corruption, extortion, human trafficking and trafficking, sale, distribution and exportation or importation of narcotic drugs, money laundering, passport misuse, kidnapping or any other criminal offense showing moral turpitude or sentenced to life imprisonment or twenty years or more imprisonment for any crime, there is a provision in the law that the person whose hearing has been done and finalized is ineligible for candidacy.

Similarly, the law states that a person who has been sentenced for an offense related to organized crime or who has been sentenced for less than twenty years for an offense related to attempted murder, and who has not completed six years from the date of serving such sentence, is also not eligible to be a candidate.

Similarly, there is a provision that a person who is in receipt of salary in an organization that receives a grant from the ownership of the Nepal government, provincial government or local units cannot contest elections. A person who has been sentenced to imprisonment for crimes related to caste discrimination and untouchability, witchcraft or polygamy and who has not completed three years from the date of serving such sentence is also not allowed to participate in elections. 

On August 23, 2014, when there was a clash between protesters and the police in Tikapur of Kailali, eight people including SSP Lakshman Neupane, who was the head of Seti zone police at the time, five other Nepal Police personnel, two Armed Police Force personnel and one infant were killed. Chaudhary was absconding after an arrest warrant was issued against him as the mastermind behind the massacre. He was the coordinator of constituency 1 of the Tharuhat Movement at that time.

 
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