A contempt of court case has been filed at the Supreme Court against the government and the Election Commission for failing to implement the court’s order to provide voters the right to reject candidates in elections.

Advocate Shreena Nepal filed the petition, naming the government and the Election Commission as defendants. The petition’s first hearing took place on Tuesday before a bench of Justices Til Prasad Shrestha and Meghraj Pokharel, which issued a show-cause notice.

The Supreme Court had issued rulings in 2014 and 2016, directing the implementation of the right to reject in elections. However, the government and the Election Commission have repeatedly delayed action, citing the need for separate legal provisions. The Election Commission had drafted a bill on the matter some time ago.

Advocate Nepal had previously filed similar contempt petitions in 2017 and ahead of the local elections in 2022, citing the non-implementation of the court’s orders. With the printing of ballots for the upcoming elections already underway, the ballots still do not provide voters the option to reject candidates, prompting the latest petition.

The petition notes that the failure to implement the court’s rulings reflects the indifference of major political parties, as well as insufficient pressure from civil society. It adds that both the Election Commission and the major political parties share responsibility for the delay.

The case dates back to the 2013 Second Constituent Assembly elections, when Bikash Lakai, Bhairaja Rai, and Swagat Nepal petitioned the Supreme Court for the right of voters to reject candidates. The court ruled that citizens have the right to express their views through the ballot and directed the Prime Minister’s Office, the Ministry of Law, and the Election Commission to ensure legal provisions are made for this right.

The court emphasised that democratic practice should respect the sovereignty of voters, allowing them to reject candidates and indicate the need for new options rather than being forced to vote for available candidates.