Kathmandu, October 4:

Stating that the apex court cannot intervene in any case that may hamper the constituent assembly polls, the Supreme Court today refused to issue a stay order against the decision of the Election Commission (EC) to legitimise the Anandi Devi-led Nepal Sadbhavana Party (NSP-A).

The Rajendra Mahato-led faction had moved the SC challenging the decision made by the EC on Friday to recognise the NSP-A.

A division bench of justices Min Bahadur Rayamajhi and Rajendra Kumar Bhandari refused to issue a stay order, saying that the stay order may create a hurdle in the election process. In its order sheet, the EC had stated that Mahato cannot claim to be heading the party as the NSP-A led by Anandi Devi has already been registered in the EC. On Saturday, the EC

also told Mahato to register a new party. Mahato, however, did not meet the deadline given by the EC; instead he moved the SC challenging the EC’s decision.

Stating that “just a few hours are left to submit the closed list to the EC,” the bench said a stay order cannot be issued. The bench said, “Article 118 (4) of the Interim Constitution of Nepal 2007 has said that any question, which may affect the process of the constituent assembly election, cannot be raised in any court.” Claiming that the EC’s decision had violated his fundamental rights to involve himself in politics guaranteed by the Interim Constitution of Nepal 2007, Mahato had moved the court. Mahato had said that his party was the real NSP-A and the EC’s decision to recognise the Anandi Devi-led party was illegal.