Supreme Court to hear arguments from both sides on March 27
KATHMANDU, MARCH 22
The Supreme Court 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.
A single bench of Justice Bam Kumar Shrestha issued the order till March 27 when the court will hear arguments from both sides to decide whether the stay order should continue.
The apex court has summoned both parties for discussion on the issue on March 27.
The apex court's stay order was issued in a case filed by Chairperson of Helambu Rural Municipality Nima Gylazen Sherpa challenging the election code of conduct that requires local representatives to resign from their post before filing nomination for the next term.
Those vying for civic posts will have to file their papers on March 24 and 25.
Sherpa's lawyer Senior Advocate Bal Krishna Neupane said the code requiring local representatives to resign before filing nomination paper was unfair and unlawful. He said the Local Election Act required only those representatives that drew salary from public entities to resign from their post before filing nomination paper, but the EC code requires that even those getting only remuneration should also quit before filing their nomination.
Neupane said if local representatives had to resign before filing their nomination papers, delivery of services would be affected.
"The prime minister and ministers are not required to resign from their post for contesting elections, but the local representatives are required to resign from their post. Why this discrimination?" he wondered.
Neupane said the only resources that local representatives could use were office vehicles and the EC could easily bar them from using vehicles.
The EC argued that the said code was meant to create a level playing field for all candidates.
A version of this article appears in the print on March 23, 2022, of The Himalayan Times.
