SC forms Constitutional Bench to hear writ petitions filed against House dissolution

The Supreme Court (SC) has formed a Constitutional Bench to hear writ petitions filed against the dissolution of the House of Representatives (HoR).

According to SC Spokesperson Arjun Prasad Koirala, the Bench comprises Chief Justice Prakashman Singh Raut and Justices Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, and Dr Manoj Kumar Sharma.

On the night of September 12, the President dissolved the Parliament on the recommendation of the incumbent government, which was formed following the September 8–9 Gen-Z protests that had forced former Prime Minister KP Sharma Oli to step down from his position.

A total of 16 writ petitions have been registered at the SC, demanding a mandamus order to revoke the dissolution of the lower house and restore it. The preliminary hearing begins today.

The hearing will take place in the SC Annex Building, as the main building was damaged in an arson attack during the September 9 protests. The incident led to the suspension of the Court’s regular activities, except for the registration of habeas corpus and other essential writs and hearings. Writ registration and hearings resumed on October 14.

Advocates Dr Premraj Silwal, Yubaraj Paudel, Kirtinath Sharma Paudel, Ayush Badal, Maqabul Miya, Khadak Bahadur Shah, Dambar Prasad Shiwakoti, Dal Bahadur Dhami, Prakash Bhujel, and Bipin Dhakal are among the petitioners.

Earlier, a full court meeting chaired by Chief Justice Raut had decided to register and hear the writ petitions related to the Parliament’s dissolution.

Meanwhile, the SC’s digital system that was damaged during the arson and vandalism has been restored, with all case data found to be safe. The Supreme Court is now operating five benches to hear cases.

 

Move afoot to ensure voting right of Nepalis living abroad

In a long-awaited move to fulfil a constitutional right denied to millions of citizens overseas,the government is finally taking steps to allow Nepalis living abroad to vote in national elections.

To this end, the government is preparing to issue an ordinance. The Ministry of Home Affairs has already drafted amendments to several election laws to create a legal basis for overseas voting. The draft has been sent to the Election Commission (EC) for review. 

For now, the government plans to allow overseas voting only under the proportional representation (PR) system for the House of Representatives.

In 2018, the Supreme Court had directed the government to guarantee voting rights for Nepalis living abroad. In its verdict, a bench of Justices Sapana Pradhan Malla and Purushottam Bhandari instructed the state to make the necessary legal, logistical, and technological arrangements to enable voting from abroad.

That order, however, remained unimplemented. Despite multiple elections since, millions of Nepalis working, studying or residing overseas have been unable to exercise their democratic right. According to the 2021 census, nearly 2.2m Nepalis live abroad.

Election officials say they are discussing all possible models of election, including early voting, polling at diplomatic missions and online voting. 

Earlier, the Election Commission had proposed piloting voter registration in the UAE, Qatar and Malaysia, where the largest numbers of Nepali migrant workers live and work.

With the House of Representatives dissolved, the government plans to move ahead through an ordinance. Once the Election Commission submits its feedback, the Ministry of Home Affairs will forward the draft to the Council of Ministers for approval.

The proposed amendment stipulates that only Nepalis registered in the official voter list will be eligible to vote. The Election Commission will gather and confirm this data with the help of Nepali embassies and other agencies abroad.

To guide implementation, the government has asked the Policy Research Institute, a state-affiliated think tank, to conduct a study on the logistics of overseas voting, including eligible countries, management systems and vote counting mechanisms.

The home ministry also aims to address concerns that people with dual citizenship might misuse the process. The revised draft clarifies that only verified Nepali citizens listed in the Election Commission’s official voter roll will be allowed to vote from abroad.

The right to vote is guaranteed under Article 84(5) of the Constitution, which ensures every Nepali citizen aged 18 and above the right to vote in accordance with federal law. Yet without the necessary legislation, that right has remained on paper for millions working overseas.The government’s latest move has rekindled cautious optimism among migrant workers.

If all goes as planned, the next elections could mark a historic moment when Nepalis abroad finally cast their votes for home.

National Assembly Secretary Aryal resigns

National Assembly Secretary Surendra Aryal tendered his resignation on Tuesday.

He submitted his resignation to President Ram Chandra Paudel.

A communique issued by Pradip Koirala, the Spokesperson at the Office of the President, stated that Aryal has tendered his resignation, in writing, in accordance with Section 6, Part 'A' of the Act Related to the Salary, Terms of Service and Facilities of the Secretary of the National Assembly, 2075. 

 In his resignation letter, Aryal has pleaded that his resignation be approved to be effective from today.     

The National Assembly is the upper house and the House of Representatives the lower house of the Federal Parliament.

 

Dahal stresses stronger collaboration among progressive forces

Pushpa Kamal Dahal, Coordinator of the CPN (Maoist Center) general convention organizing committee, has highlighted the importance of enhancing mutual respect, social harmony, and cooperation among progressive forces.

On the occasion of Chhath, a significant festival of public faith, social unity, and gratitude towards nature, he conveyed his greetings to all Nepali brothers and sisters both at home and abroad, stating, 'I believe that by fostering mutual respect, social harmony, and cooperation among progressive forces, we can collectively advance towards creating a prosperous, just, and socialist Nepal.'

In the current challenging political, economic, and social landscape, the message of self-confidence, patience, and optimism that Chhath embodies has become increasingly vital, he remarked.

The former Prime Minister added, “May the Chhath festival illuminate the darkness within nature and humanity, bringing forth light, purity, and positive energy in everyone. I earnestly wish for a new era of peace, prosperity, and stability in the nation.”

Celebrated as the principal festival of Madhesh-Terai, Chhath is intricately linked with our culture, traditions, labor relations, and everyday life. It enhances the bond between humans and nature, promoting awareness of coexistence, balance, and self-purification.