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People’s representative must resign to become a candidate

April 19, 2022

The Supreme Court has rejected the writ petition against the election code of conduct which allows a people’s representative to become a candidate only by resigning.

Nima Galgen Sherpa, chairperson of Helambu village municipality of Sindhupalchowk, had filed a writ petition against the provision of the commission. Now with the rejection of the writ, the current people’s representative will have to resign from the post before giving his candidature.

A joint bench of Justices Tej Bahadur KC and Til Prasad Shrestha on Tuesday upheld the commission’s decision that a people’s representative should resign to become a candidate in the commission’s local elections, said Supreme Court spokesperson Vimal Poudel.

The Election Commission (EC) has declared that the people who get remuneration and financial benefits from government funds in the local elections have not held the position of profit.

This time, the Commission has implemented the provision of self-declaration so that a person holding a public office cannot be a candidate as per the provisions of the regulations implemented in 2074 BS.

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