A single bench of SC justice Prakash Wasti issued the order responding to a writ petition filed by Sadhhya Bahadur Bhandari, Rishiraj Ghimire and Tara Sapkota demanding annulment of the EC´s decision.[break] The petitioners claimed that the EC move would set a wrong precedent.
The bench said only Nepali citizens enjoy the right to participate in the voting process, meaning one should have acquired Nepali citizenship to enjoy voting rights.
"Article 63 (7) of the interim constitution explicitly stipulates that only Nepali citizens enjoy the right to vote," reads the stay order, adding, "Both obtaining citizenship and being registered in the voters´ list are a step by step process. There are no legal obstacles for those who have obtained Nepali citizenship to be registered as voters," reads the SC order.
The EC on November 3 had decided to accept identification documents other than citizenship certificates for registration of wannabe voters in the voters list. The EC had decided to accept identity documents issued by academic institutions and land ownership certificates, among others, citing that existing law permitted them to do so.
The decision was taken as the EC stance on compulsory citizenship had raised legal disputes and intermittent disturbances, especially by Madhes-based parties, during the voter registration process in the Tarai districts.
Clause 11 of the Electoral Roll Act 2006 says, “…the enrollment officer may ask the person concerned or his/her family to submit a citizenship certificate, land ownership certificate or any identity card issued by a government office, local body, government-owned organization or educational institute, stating date of birth, age or place of residence.”
Terming the citizenship issue as a serious one related to nationality, the SC has given the writ petition high priority.
The bench has also ordered the defendants to furnish written clarifications as to why they decided to continue the process of registering voters without evidence of citizenship. The EC and the Prime Minister´s Office have been named defendants in the writ petition.
Senior advocates Sindhunath Pyakurel, Shambhu Thapa and advocates Chandrakanta Gyawali, Tulasi Bhatta, Tikaram Bhattarai, Dr Bhimarjun Acharya, Rishiram Ghimire and Tara Lamichhane had pleaded on behalf of the petitioners.
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