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Supreme Court orders Election Commission to ensure disability representation in PR lists
People with disabilities will suffer irreparable harm if they are excluded, the apex court says in an interim order.Post Report
Four days after political parties submitted their closed lists of candidates under the proportional representation system, the Supreme Court on Friday ordered the Election Commission to ensure that each party’s closed list includes representation of persons with disabilities.
Responding to a writ petition by Madhav Prasad Chamlagain, a division bench of justices Hari Prasad Phuyal issued the interim order while the commission is reviewing the lists parties submitted on Sunday and Monday.
Claiming the people with disabilities will suffer irreparable harm if they are excluded, the top court has ordered the constitutional commission to be mindful that the community has representation in parliament.
“As the persons with disabilities will be deprived of their right to inclusion, the Election Commission is directed to closely examine the closed lists” reads the interim order.
“If it is found that any party’s submitted closed list has not ensured the representation of persons with disabilities in accordance with the constitution and the law, such party must be notified to rectify the closed list to include the names of persons with disabilities, and to ensure that the election is conducted in compliance with the constitution, the law, and the orders from the judiciary.”
Officials at the commission say they are aware of the need to ensure the representation of people with disabilities. A directive from the constitutional election management body clearly says that the closed list of all parties must include at least one candidate with a disability.
“We had made it mandatory even before the Supreme Court order. If any party is found to have excluded them, they will be asked to include at least one name,” said Yagya Bhattarai, chief at the commission’s legal department. “No list without representation of a person with disability will be accepted.”
The commission is currently reviewing the lists submitted by all parties.
As many as 64 parties, including 10 that have forged electoral alliances and are contesting under four separate symbols, have submitted their closed lists to the commission. The total number of candidates under this system stands at 3,424.
A senior official at the commission said the closed list can be revised in two conditions. First, if the cluster requirements are not met, or if proportional representation is not fulfilled, changes can be made for the purpose of ensuring their due representation.
“If someone withdraws their name, another person can be nominated in that position,” said Narayan Prasad Bhattarai, spokesperson for the commission.
If the cluster requirements are not met, the commission will inform the party concerned on January 5. “After that, from January 6 to 12, the party will revise and submit the list as instructed,” he said.
Candidates who wish to withdraw their names from the closed list can do so on January 12. If anyone withdraws, the commission will inform the party concerned on January 13.
For the vacant position created due to a candidate’s withdrawal, the political party concerned must nominate another candidate from the same group and submit the name to the commission by January 14.
After that, the commission has a schedule to publish the names on the received list of candidates.
According to the commission’s schedule, after the publication of the closed list of candidates on January 18, objections or claims regarding the qualifications of candidates on the closed list can be filed between January 19 and 24.
From January 25 to 31, the commission will examine the objections and claims regarding the qualifications of candidates and make decisions. The commission will publish the final list of proportional representation candidates on February 5.




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