Bibeksheel Nepali moves court against election symbol law
KATHMANDU: Bibeksheel Nepali Party on Sunday filed a writ at the Supreme Court demanding the annulment of the provision of granting party-wise election symbols to parties represented in the Parliament only.
The writ has been filed by the president of the party, Ujwal Bahadur Thapa, against the Office of the Prime Minister and Council of Ministers; the Ministry of Law, Justice and Parliamentary Affairs; and the Election Commission.
The writ demands the nullification of the Local Level Elections Act through a certiorari, stating that it is in conflict with Articles 133 (1) and 133 (2) of the Constitution of Nepal.
Thapa in the writ has argued that the provision on the election symbol as mentioned in the Act deprives many political parties of their own election symbols, and it is hence inconsistent with the constitutional provision of the right to freedom and the right to formation, registration and operation of political parties.
"Such provision prevents citizens from exercising their sovereign rights as guaranteed by the Constitution," the writ argues, "To deny parties from using their party symbol and forcing them to run as independent candidates is equivalent to denying their existence, which is against universal democratic principles.”