The Judges’ Society Nepal, an organisation of incumbent justices, has said that there is no restriction for former chief justices and justices to vie for the positions filled by elections including the posts of President and Vice-President.

Issuing a statement on Thursday, the society said that it was unfortunate that former justices have been labelled as ineligible to contest for government posts through a democratic process by garnering the public’s mandate.

The statement issued by Justice Ishwor Prasad Khatiwada, chairperson of the society and a sitting Supreme Court justice, comes at a time when there are reports of lobbying for a candidate for the post of President being stepped up by various political parties.

The society, in the statement, said that the constitutional provision regarding the appointment of former chief justices and justices to any government posts does not bar them from contesting for a government post through an election process.

“The intention of the constitutional provision that a retired chief justice or justice, who has contributed to the nation while holding important responsibilities of the judiciary of Nepal, is not eligible for appointment to any government post does not necessarily mean that they cannot become candidates for the post filled through election according to the Constitution of Nepal,” reads the statement.

The society also pointed out that no article of the Constitution prohibits retired justices from participating in the democratic process of being elected to the post of President or Vice-President.

“Article 64 of the Constitution of Nepal provides that any person who is qualified to be a member of the Federal Parliament, who has reached the age of 45 and who is not disqualified by any law, is eligible for election to the post of President and Vice-President of Nepal,” the statement reads.

The statement states that no law, including Section 12 of the President and Vice-President Election Act, 2017, states any provision to disqualify retired chief justices or justices of the Supreme Court to be a candidate in the presidential or vice-presidential election.

The statement has come a day after the Supreme Court Bar Association had said former chief justices and justices can’t become candidates for the top political posts. The Association chair Harishankar Niraula on Wednesday had said that Section 12 of the President and Vice-President Election Act, 2017 bars former chief justices and justices from contesting the elections.

Section 11 (e) states that those who are in the position of benefit disqualify to become a candidate for President or Vice-President.