The Supreme Court has issued an interlocutory interim order to the Election Commission not to implement a rule that requires local government officials seeking re-election to resign their posts before filing candidacy.

A single bench of Justice Bam Kumar Shrestha issued the order on Tuesday after hearing the writ petition registered on Sunday by Nima Gyaljen Sherpa, chairman of Helambu Rural Municipality of Sindhupalchowk.

“The Supreme Court has issued an interlocutory interim order to the Election Commission not to implement the provision [in the Election Code of Conduct] that restricts local representatives from filing candidacy without resignation until the court’s further decision,” said Bimal Poudel, spokesperson of the Supreme Court.

Justice Shrestha ordered the election body not to implement Clause 36 of the Election Code of Conduct issued recently.

During the regular press briefing on Monday, Commission’s spokesperson Shaligram Sharma Paudel had reiterated the commission’s commitment to implement the Election Code of Conduct whose Clause 36 states that elected officials seeking re-election must resign before filing their nomination for the upcoming local elections.

The Supreme Court has also invited both the plaintiff and the defendant on March 27 for discussions on the issue.