The Supreme Court on Monday decided to uphold its previous decision of continuing the interim order not to implement the Election Commission’s decision to annul candidacy of Dr Toshima Karki.

The apex court’s decision has cleared the confusion over Karki’s candidacy for the upcoming federal elections.

A division bench of justices Ishwar Prasad Khatiwada and Til Prasad Shrestha decided to continue with the interim order issued by a single bench of Justice Kumar Chudal on November 1.

On November 6, Secretary of Election Commission Gokarna Mani Duwadi had filed the petition at the Supreme Court to vacate its November 1 decision.

“Since the allowance received by the petitioner seems to be of temporary nature and is not a regular pay, her position cannot be considered one of benefit,” states the Supreme Court decision. “Therefore, the Supreme Court’s interim order issued on November 1 need not be annulled.”

A single bench of Justice Chudal on November 1 issued the interim order to the Election Commission following the hearing on the writ petition filed by Karki.

The Election Commission has stayed silent on the application Karki filed on September 13 demanding the election body to clarify whether her position as an elected board member of the medical council was considered a ‘position of benefit’ or not. Karki has said she sought the poll commission’s clarification to decide on whether or not to contest the polls. But the commission abruptly decided to annul her candidacy on October 29, saying she was not eligible to contest the polls as she held a position of benefit.

On October 31, Karki registered a writ petition at the apex court against the commission’s October 29 decision.

Following the apex court’s November 1 decision against its annulment of Karki’s candidacy, the Election Commission had asked the Supreme Court to vacate its interim order against its decision.

Karki, an elected board member of Nepal Medical Council, is contesting the federal elections from Lalitpur-3, representing the newly formed Rastriya Swatantra Party.

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.