Election Commission requests Supreme Court to vacate its interim order on Dr Toshima Karki’s candidacyKarki is a candidate for federal parliamentary seat from Lalitpur-3.
The Election Commission has requested the Supreme Court to vacate its interim order against the Election Commission’s decision of cancelling the candidacy of Dr Toshima Karki, a candidate for the federal parliamentary seat from Lalitpur-3 in the upcoming elections. She is contesting on a Rastriya Swantantra Party ticket.
However, the division bench of justices Ananda Mohan Bhattarai and Kumar Regmi could not hear the case on Monday due to a lack of time. Secretary of Election Commission, Gokarna Mani Duwadi, had filed the petition at the Supreme Court on Sunday to vacate its decision of November 1.
On November 1, the Supreme Court issued an interim order to the Election Commission not to implement its decision to annul the candidacy of Dr Karki, who is a board member of the Nepal Medical Council.
The Commission had disqualified Karki to be a candidate citing her ‘office of benefit’ as an elected member on the Medical Council, on October 29.
Commission officials have cited the provision in Section 9 of the Election Commission Act and Section 15 of the House of Representatives Election Act, both of which state that anyone can file a complaint against candidates, even after the publication of the final list of candidates.
However, a single bench of Justice Kumar Chudal issued the interim order to the commission saying that Dr Karki’s candidacy stands until its final verdict in the matter.
“Citing the possible irreparable damage to the writ petitioner and considering the balance of convenience, an interim order has been issued in the name of defendants not to implement its decision of annulling her candidacy until the final decision on the issue,” the Supreme Court stated in its interim order.
After the Commission’s decision to cancel her candidacy, Karki had registered a writ petition in the apex court on October 31 against the Election Commission’s decision.