Friday 22nd June 2018

Supreme Court Asked Why not Negative Voting ?

Court Reporter

12th April, 2017

Kathmandu, The Supreme Court on Wednesday issued a show cause notice in the name of government, Election Commission and Legislative Parliament of Nepal to furnish reasons why the Right to reject the bad candidates in upcoming election through negative voting right in ballot paper is not provided.

Advocate duo Bhai Raja Rai and Bhadra Prasad Nepal aka Swagat Nepal had filed a writ petition against the government of Nepal, Election Commission and Legislative Parliament for not providing the right of rejecting the bad candidates through casting the negative vote in election in elections.


The Supreme Court had given a landmark decision on 2014 January 5 for the voters the right to cast negative votes against candidates for the peoples’ entire representative bodies including parliamentary and all of the local elections. On that verdict the apex court had also directed the government and the Election Commission to come with new laws to that effect.


The historical decision was made by the joint bench of Justices Kalyan Shrestha and Prakash Wasti responding to a writ petition filed by both of us.

But, the government and the Election Commission are preparing the electoral process ignoring the directives order issued by the Supreme Court. Marking that anarchic practice of the government and Election Commission we had tried to file the writ petition again against the government that was rejected from the desk of registrar of the apex court.


According to the prior decision made by the Supreme Court, the ballot papers in elections must have a separate option “none of the above” to allow voters to refuse to vote to the bad candidates.


The SC in its order 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.


In the provision of Negative Voting Right if the voters do not want the candidates they are allowed to cast negative votes in election which is the fundamental human right we have already established through the previous writ.


For the first time, the writ was registered on October 27, 2014. Unprecedentedly, following that, our country Nepal had become the 15th country to ensure negative voting in elections of all of the political level of state. Before this, South Africa, Sweden, Finland, France, Belgium, Brazil, Bangladesh, Greece, among others, have negative voting provision in their election laws.


Last week advocates duo had tried to file the case against the government, election commission and the legislative parliament but the Supreme Court had rejected it to register and Rai and Nepal again registered application against that decision to cancel. As a result it was canceled and the first hearing was scheduled for Wednesday.


In today’s hearing advocates Bhai Raja Rai, Swagat Nepal (Bhadra Prasad Nepal) and Tika Prasad Sharma Kadel had presented their pleading for interim order.


Court has asked the written clarification from all of the opponents including Prime Minister, Election Commission and Legislative Parliament.


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