SC quashes petition challenging related code provision


The Supreme Court has quashed a writ petition filed by Chairperson of Helambu Rural Municipality of Sindhupalchowk Nima Gyaljen Sherpa challenging election code of conduct that requires sitting local representatives to resign if they want to contest upcoming elections.

A division bench of Justices Tej Bahadur KC and Til Prasad Shrestha quashed Sherpa's petition. The apex court is yet to release the full text of the verdict. The petitioner had argued that the poll code's provision requiring local representatives to resign before filing nomination for local polls slated for May 13 was unlawful and contradictory because provincial and federal members of the executive were not required to resign before filing nomination papers.

The EC had argued that the said code was meant to create a level playing field for all candidates.

Spokesperson for the SC Bimal Poudel said that quashing of the writ petition meant that the poll code issued by the Election Commission would now be enforced.

SC's decision to quash Sherpa's petition means that the local representatives will now have to resign before filing nomination papers if they want to contest elections.

The commission has set April 24 and 25 as nomination filing dates.

On March 22, the Supreme Court had issued a short-term interim order against the new election code that requires local representatives who want to contest in the upcoming civic polls to resign before filing nomination papers.

May 13 civil polls will elect more than 40,000 representatives in 753 local levels.

A version of this article appears in the print on April 20, 2022, of The Himalayan Times