Nepal’s ‘White House’ ignores SC’s Verdict

SN reporter

Kathmandu, 6 Jan, 2016: Government of Nepal has not yet come with any amendment schedule for the right to reject in existing election law source at the Nepal’s ‘white house’ (Singh Durbar) has quoted today.

Talking to this online the source has made it clear that the white house has not taken the matter of directive order of Supreme Court (SC) into its account yet formally.

A team of youth lawyers including Swagat Nepal and Bhairaja Rai had filed the writ petition demanding the right to reject in election before the constituent assembly election.

Nepal’s White House Singha Durbar

Hearing the petition the SC had ensured  right to reject the election candidates in line with the spirit of the Preamble of the Interim Constitution of Nepal, 2063 BS.”

The writ petitioners had maintained that those who want to take part in the electoral process but do not wish to vote for any candidate should also be allowed to express their views by ensuring their right to reject.
In the election of constituent assembly some of the voting booth had practiced its option though no legal provision rejecting the ballot paper.

Such practice of exercising negative voting rights is in place in 13 other countries including France, Brazil, America, Finland, Sweden, Spain, Columbia and India already.

The existing voting rights system of Nepal is against the Preamble Constitution of Nepal, 2072 BS, Section 3 of Civil Rights Act, 2012, Article 21 (3) of Universal Declaration of Human Rights, advocate Bhairaja Rai said.

He further said that ‘the landmark decision of apex court given by SC if won’t be included in amendment schedule of government business we will again file a writ against the government.’

The verdict was  given by a joint bench of Justices Kalyan Shrestha and Prakash Wasti.

The bench of the apex court had asked the Office of the Prime Minister and Council of Ministers (OPMCM), Election Commission (EC), and the Ministry of Law Justice, Constituent Assembly and Parliamentary Affairs (MoLJPA) to ensure negative voting provision in the electoral process.