The Supreme Court is set to continue hearing a writ petition filed by Reshamlal Chaudhary, patron of the Nagarik Unmukti Party Nepal, challenging the rejection of his candidacy. The hearing is scheduled for Sunday before a joint bench of senior-most Justice Sapana Pradhan Malla and Justice Abdul Aziz Musalman at the Supreme Court of Nepal.
Chaudhary filed the writ on Magh 9 seeking annulment of the election officer’s decision that rejected his nomination for the House of Representatives election from Kailali Constituency No. 1. The Election Officer’s Office had rejected his candidacy on Magh 8.
Court Proceedings and Earlier Orders
In its decision, the election office stated that Chaudhary’s nomination could not be upheld under prevailing law governing elections to the House of Representatives conducted under the first-past-the-post system.
Earlier, during a preliminary hearing, a single bench of Justice Balkrishna Dhakal issued a show-cause order on Magh 11 and summoned the parties for discussion on an interim order.
A subsequent hearing was scheduled on Magh 15 before a bench comprising Justices Balkrishna Dhakal and Nripadhwaj Niraula. However, as no response was submitted by the respondents despite the show-cause order, the court decided to continue the earlier order.
Legal Grounds for Candidacy Rejection
Election Officer Devaraj Bharti said the decision to reject Chaudhary’s candidacy was based on three main grounds.
“The Supreme Court’s verdict shows that he was sentenced to life imprisonment. Under the House of Representatives Election Act, a person sentenced to life imprisonment is disqualified from contesting elections,” Bharti said. “In addition, we considered a previous decision by the Election Commission declaring him ineligible to be a member of a political party. Although he received a pardon, the sentence itself remains unchanged.”
Chaudhary received a presidential pardon on the government’s recommendation in connection with the Tikapur incident. However, the House of Representatives Election Act bars individuals sentenced to life imprisonment from running for office.
During the 2022 general election, Chaudhary had also contested from Bardiya Constituency No. 2. His candidacy was rejected at the time, and he was in prison. Following that rejection, his father Lalbir Chaudhary contested from Bardiya-2 as an independent candidate and later joined the Nagarik Unmukti Party. Lalbir Chaudhary is currently affiliated with the party.
