KATHMANDU, March 8 – Yubaraj Safal, who previously filed a petition against former Home Minister Rabi Lamichhane, is now preparing to file another petition to take down the Rastriya Swatantra Party. The High Court had previously declared Lamichhane’s citizenship illegal and threw out his parliamentary seat based on Safal’s petition.
In a recent verdict, the Constitutional Chamber of the Supreme Court clarified that only Nepali citizens are eligible to form political parties and participate in elections. Article 84 of the Constitution of Nepal states that every citizen above the age of 18 has the right to vote in a constituency as provided by federal law. Furthermore, Article 87 states that only Nepali citizens can become members of the Federal Parliament.
The court also cited Article 291 in the Lamichhane Citizenship and Passport Disputes, which states that Nepali citizens who hold permanent residence permits abroad are not eligible for election, nomination or appointment to any office under the Constitution. However, a person who has renounced their permanent residence permit abroad may be eligible after a period of three months.
Safal plans to file a petition to dismiss the Rastriya Swatantra Party based on the provisions outlined in the Nepalese Constitution. The party’s eligibility to participate in the elections and form a political party will be challenged in court. This movement highlights the importance of upholding the Constitution of Nepal and ensuring that only eligible parties and individuals can participate in the political affairs of the country.
Overall, the upcoming petition submitted by Jubaraj Safal emphasizes the need for strict compliance with the Nepalese Constitution on political participation and electoral eligibility.
