SC now allows listing without citizenship cards

KATHMANDU, JUL 24 -
Reversing its July 15 decision, the Supreme Court on Tuesday lifted the interim order asking the government and the Election Commission not to update the voter roll without citizenship certificates.

A special bench headed by Acting Chief Justice Damodar Sharma was discussing whether a further stay was required in a petition filed by Advocate Purna Chandra Poudel, challenging the EC’s decision to update the electoral roll on the basis of other documents such as land revenue certificates or any identification paper issued by a public institution or an educational institution. A single bench of Justice Sushila Karki had issued the order on July 15.

“As the deadline set for people to register themselves in the roll is over and not all the defendants have furnished written replies, the bench maintained that continuing with the stay order was not necessary,” apex court assistant spokesperson Baburam Dahal said.

Madhes-centric parties had been resenting the July 15 decision of the court. On Sunday, an application was tabled at the Supreme Court against the petition that demanded that citizenship certificates be made mandatory for updating the voter roll.

Petitioner Arjun Kumar Shah of Mahottari argued that the earlier petition aims to deprive many eligible voters without citizenship certificates due to geographical and financial problems from getting themselves registered.

Shah maintains that advocate Poudel, who filed the petition, does not have the right to file such an application as he has already registered himself in the electoral roll and none of his legal rights have been curtailed. He also argued that after the presidential order to remove constitutional difficulties, the statute now allows even those voters without citizenship cards to enroll themselves in the voter list.

The bench on Tuesday accepted Shah’s application and allowed for a third-party intervention.

Section 11 (1) of the Voter Roll Act-2007 allows voter registration on the basis of land revenue certificates or any identification paper issued by a public institution or an educational institution, in case someone does not have the citizenship certificate.

Poudel said the provisions of the Act are applicable only for sorting out discrepancies concerning citizenship certificates.

In November 2011, the Supreme Court had ordered the government and the EC not to issue voter ID cards without citizenship cards.

Sadbhawana Party welcomed Tuesday’s apex court decision. In a statement, the party has urged the EC to re-open the registration process to ensue listing of voters without citizenship certificates.

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