Nepal’s Constitution and election laws clearly prohibit citizens holding foreign permanent residency (PR) or green cards from contesting elections, with severe consequences if such status is concealed, election officials and legal provisions indicate.

Article 87 of the Constitution of Nepal, 2015, sets five basic qualifications to be a candidate: Nepali citizenship, a minimum age of 25, no conviction for crimes involving moral turpitude, no disqualification under federal law, and not holding an office of profit. Article 291 further bars Nepali citizens with foreign permanent residency from being elected, nominated or appointed to constitutional posts unless they have relinquished such status at least three months prior.

According to the Election Commission (EC), 3,406 candidates are in the fray, including 3,017 men, 388 women and one from another category. 3, 487 candidates had originally filed their nominations for the elections. Of those, 72 withdrew their nominations, and nine were rejected. January 23 was the deadline for withdrawals.

Controversy erupted in Dhading-1 after rumours circulated that Rastriya Swatantra Party (RSP) candidate Ashika Tamang held foreign PR. Tamang publicly denied the claims, stating she met all constitutional requirements and had not applied to withdraw her candidacy. The district election office of Dhading confirmed a complaint alleging that she held a German PR was dismissed as unfit for registration.

Tamang clarified that she previously held a German temporary residency (TR), not PR, and had disclosed this through self-declaration during nomination. She said the TR had already become inactive, as it lapses automatically after six months of absence from the host country. Tamang, married to a German national and a mother of two, said she had never renounced her Nepali citizenship or passport.

Election officials also reported that a fake email, created in Tamang’s name, was sent to the electoral body seeking withdrawal of her candidacy. She later visited the office in person to report the fraudulent act.

While several candidates withdrew for various reasons, only one did so due to a PR-related issue. Rastriya Prajatantra Party (RPP) candidate Karvika Thapa withdrew her candidacy from Rupandehi-2 after failing to meet the three-month cooling-off period required following the relinquishment of foreign PR. Thapa, daughter of former home minister Niranjan Thapa, said she had obtained PR during her studies abroad but could not contest as the mandatory period had not elapsed.

Legal provisions are unambiguous. The House of Representatives Election Act, 2017, and the EC’s directives reiterate that candidates holding foreign PR are ineligible. If a court declares a candidate ineligible, their seat is vacated. If a nomination is found invalid, it must be cancelled.

Legal experts warn that if a person with foreign PR conceals facts and is elected, two charges may apply: violation of the Constitution and misleading the Election Commission. Such cases could result in the vacancy of the parliamentary seat through court orders, criminal proceedings for false disclosure, and a by-election in the relevant constituency.

The Constitution lists six circumstances under which a parliamentary seat becomes vacant, including resignation, death, disqualification by court verdict, party defection, conviction in corruption or serious criminal cases, or annulment of the election itself.

For the March 5 election, the commission has reiterated eligibility and disqualification criteria based on the Constitution, the Election Act and its directives. Alongside age, citizenship and voter registration requirements, disqualifications include holding paid government positions, serious criminal convictions, blacklisting, imprisonment, mental incapacity, and holding foreign permanent residency.

Officials emphasise that eligibility disputes ultimately fall under judicial scrutiny, not the commission, underscoring the legal risks for candidates who conceal disqualifying information.