KATHMANDU, JULY 17
The Supreme Court has ordered the government to ensure that security personnel, including Nepali Army soldiers in military barracks, government employees deployed on poll duty, prisoners, and detainees have the right to vote in the upcoming parliamentary elections likely to be held in November.
A single bench of Justice Bishwambhar Shrestha passed the interim order in response to a writ petition filed by Nishant Pokharel and others against the government. The apex court ordered the government to enrol security personnel and government employees deployed for election duty, prisoners, and detainees in the temporary voter list so that they could vote under the proportional representation election system.
The bench also issued a show cause notice to the government telling it to submit a written reply within 15 days.
The apex court stated that the government should ensure that names of security personnel, government employees deployed for poll duty, prisoners, and detainees are listed in the temporary voter list as Section 30 (1) of Voter Roll Act stipulates that the EC could prepare a separate temporary voter roll for security personnel and government employees for elections under proportionate representation system.
Section 30 (2) lists the categories of people who could be enrolled in temporary voter list, including prisoners and detainees.
The court observed that it would be rational to ensure voting rights of government employees and security personnel on poll duty since the constitution ensured freedom of expression and voting rights of all citizens above the age of 18.
The SC stated that in the Election Commission's book, Nepalko Nirbachan Itihas, it was mentioned that names of government employees and security personnel on poll duty, NA members deployed in barracks, and prisoners were in the temporary voters' list and they had exercised their voting rights.
The SC ordered the government to make necessary arrangements for the preparation of temporary voter list so as to ensure voting rights of the people listed in Section 30 (1) and 30 (2) of the Voter Roll Act in accordance with the spirit of the Act.
Petitioners have named the Prime Minister's Office, the Council of Ministers, the Home Ministry, and the EC as defendants.
The EC has been updating voters' list for the upcoming federal and provincial polls since June 15.
The SC issued the order on July 14 but released its full text today.
A version of this article appears in the print on July 18, 2022, of The Himalayan Times.
