The Supreme Court of Nepal has refused to issue an interim order in a writ petition filed by Resham Lal Chaudhary, patron of Nagarik Unmukti Party Nepal, challenging the cancellation of his candidacy for the House of Representatives.
A joint bench of Justices Sharanga Subedi and Tek Prasad Dhungana, on Sunday, declined to grant interim relief, stating that other cases related to Chaudhary are currently under consideration before the Supreme Court.
With the court’s decision, Chaudhary will not be able to contest the House of Representatives election scheduled for Falgun 21.
In its order, the court said the writ petition involves questions concerning the interpretation of Article 276 of the Constitution of Nepal, Sections 159(9) and 159(10) of the Muluki Criminal Procedure Code, 2017, and Section 13(gha) of the House of Representatives Member Election Act, 2017.
As the interpretation of these constitutional and legal provisions is to be addressed during the final hearing, the court concluded that issuing an interim order was not justified based on the balance of convenience.
Candidacy Rejection and Court Proceedings
Chaudhary had registered the writ petition on Magh 9, seeking to overturn the decision of the election officer that invalidated his nomination for the House of Representatives election from Kailali Constituency No. 1. The Office of the Election Officer had rejected his candidacy on Magh 8.
In its decision, the election officer stated that Chaudhary’s nomination could not be upheld under prevailing law for an election conducted under the first-past-the-post system and ordered the cancellation in accordance with legal provisions.
Earlier, during a preliminary hearing, a single bench of Justice Balkrishna Dhakal had issued a show-cause order on Magh 11 and scheduled discussions on the request for interim relief. The case was later listed on Magh 15 before a joint bench of Justices Balkrishna Dhakal and Nripadhwaj Niraula. However, as no response was submitted despite the show-cause order, the court decided to continue with the earlier order.
Grounds for Disqualification and Previous Elections
Election Officer Devaraj Bharti said the decision to cancel Chaudhary’s candidacy was primarily based on three grounds. He said a Supreme Court verdict had sentenced Chaudhary to life imprisonment, which constitutes a ground for disqualification under the House of Representatives Member Election Act.
Bharti also said a previous decision by the Election Commission declaring Chaudhary ineligible to be a member of a political party was taken into account. In addition, although Chaudhary had received a pardon, the nature of the sentence remained unchanged.
Chaudhary was granted a presidential pardon on the recommendation of the government in connection with the Tikapur incident. However, under the House of Representatives Member Election Act, individuals sentenced to life imprisonment are barred from contesting elections.
Chaudhary had also contested the 2079 general election from Bardiya Constituency No. 2, where his candidacy was similarly rejected while he was in prison. Following that election, his father Lalbir Chaudhary contested from the same constituency as an independent candidate and later joined the Nagarik Unmukti Party. Lalbir Chaudhary currently remains active in the party.
