Elected representatives need to resign if they wish to contest againSupreme Court quashes petition against poll commission’s mandatory requirement of resignation.
The Supreme Court has quashed a petition filed by Nima Gyaljen Sherpa demanding an order to not implement the Election Commission's requirement that all the local elected representatives need to resign before filing nominations if they want to contest the local elections slated for May 13.
A division bench of Justices Tej Bahadur KC and Til Prasad Shrestha quashed Sherpa’s petition on Tuesday.
Sherpa is chairperson of Helambu Rural Municipality of Sindhupalchok.
“The Supreme Court has annulled the petition and an interlocutory order issued earlier,” said Bimal Poudel, spokesperson for the Supreme Court. “With this decision, the local representatives will now have to resign before filing nominations.”
With the petition quashed, elected representatives now must resign before filing nominations if they wish to contest the elections again.
The commission has set April 24 and 25 as nomination filing dates.
Earlier on March 22, the Supreme Court had issued an interlocutory order to the Election Commission not to implement the rule that requires local government officials seeking re-election to resign before filing candidacy.
Sherpa on March 21 had moved the Supreme Court demanding an order against the poll code of conduct that says elected representatives must resign before filing nominations.
Nepal is holding local elections on May 13 in a single phase to elect 35,014 representatives of 753 local units—six metropolitan cities, 11 sub-metropolitan cities, 276 municipalities and 460 rural municipalities.