SC denies Chaudhary’s interim stay on candidacy

KATHMANDU: The Supreme Court has declined to issue an interim order in the writ filed by Resham Lal Chaudhary, Patron of the Nagarik Unmukti Party, challenging the cancellation of his candidacy.

A bench of Justices Sharanga Subedi and Tek Prasad Dhungana on Sunday refused Chaudhary’s request for an interim stay.

The court noted that other cases against Chaudhary are currently under consideration, and therefore, an interim order is not necessary at this stage.

The court’s order highlighted that the writ involves interpretation of multiple legal provisions, including the Constitution of Nepal, the Criminal Procedure Code, 2074, and the House of Representatives Election Act, 2074. It stated:

“The present writ raises questions regarding Article 276 of the Constitution of Nepal, Sections 159(9) and (10) of the Criminal Procedure Code, 2074, and Section 13(gha) of the House of Representatives Election Act, 2074. These issues will be addressed during the final hearing, and from the perspective of balancing convenience, there is no ground to grant an interim order as requested.”

Chaudhary had filed his candidacy from Kailali-1 for the upcoming House of Representatives election. His nomination was rejected by the Election Officer on Magh 8. He subsequently filed a writ in the Supreme Court on Magh 9 seeking to annul this decision.

Chaudhary had previously received a general pardon from the President, based on government recommendation, in connection with the Tikapur incident case.

However, under the House of Representatives Election Act, individuals sentenced to life imprisonment are disqualified from contesting elections.

During preliminary hearings, on Magh 11, Justice Bal Krishna Dhakal had issued a “show-cause” order to the opposing party and called for a discussion on the interim order.

On Magh 15, a hearing was scheduled before Justices Dhakal and Nrip Dhwaj Niraula, but the case was continued as the opposition’s response had not been submitted.

In the 2079 House of Representatives election, Chaudhary had contested from Bardiya-2, but his candidacy was rejected while he was in prison.

Following this, his father, Lalbir Chaudhary, ran as an independent candidate and later joined the Nagrik Unmukti Party, where he remains affiliated today.