Supreme Court Registry Rejects Petition Seeking Cancellation of Nepali Congress Candidate Tek Bahadur Gurung's Candidacy

Kathmandu. The Supreme Court administration has refused to register a writ petition demanding the cancellation of the candidacy of Tek Bahadur Gurung, who is contesting elections from the Nepali Congress in Manang. The Supreme Court administration has rejected the writ filed by Dayanidhi Poudel, demanding that Gurung's candidacy be canceled because Tek Bahadur Gurung has already been convicted of corruption by the Special Court.

Poudel had filed the writ demanding the cancellation of Gurung's candidacy, arguing that Gurung is ineligible to become a Member of Parliament as he was convicted in a case involving leasing the land of Bhrikutimandap's Fun Park at a low price. After the writ filed by Poudel was rejected, Poudel has filed another petition against the rejection made by the Supreme Court administration. The petition filed by Poudel will be presented before the bench for hearing.

In the writ, Poudel asserted that a person convicted of corruption by the Special Court is ineligible to contest elections, and this contradicts the precedent set by previous Supreme Court rulings. Therefore, he demanded the cancellation of the candidacy of Gurung, the Congress candidate from Manang. Poudel named the Election Commission Central Office, the Commission for the Investigation of Abuse of Authority (CIAA), and the Office of the Chief Returning Officer for the House of Representatives Election (2082) in Manang as respondents in the writ.

After the suspension of Gurung's parliamentary membership was lifted, a full bench of Supreme Court Justices Sapana Pradhan Malla, Balkrishna Dhakal, and Nripa Dhwaj Niroula had granted permission for the review of the Supreme Court's decision in a review petition filed by the CIAA, which sought to review the Supreme Court's verdict. Currently, the case against Gurung is sub judice in the Supreme Court.

Previously, on Chaitra 16, 2080 BS, a bench of Supreme Court Justices Manoj Sharma and Binod Sharma had ruled on a petition filed by Gurung, paving the way for Tek Bahadur Gurung, directly elected from Manang, to participate in the Federal Parliament. This decision had faced significant criticism.

The Supreme Court had explained that the reasons why Gurung's suspension should not apply included the fact that he was not holding any public office when the corruption occurred, that corruption does not fall under moral turpitude-related criminal offenses, that election laws do not bar him from being a Member of Parliament, that the Secretary-General of Parliament could not suspend him, and that there was no legal provision for subsequent suspension.

While under suspension, Congress leader Gurung again contested the 2079 elections from Manang and was elected. Although the law related to corruption control stipulates suspension upon facing a case, he was able to contest because the election law does not have a provision preventing candidacy.

The Federal Parliament Secretariat had issued a notice on Poush 12, 2079 BS, stating that he was 'automatically suspended.' Immediately thereafter, on Falgun 15, 2079 BS, the Special Court convicted Gurung as an abettor in the corruption case and ordered the recovery of 12.1 million rupees from him.

While the CIAA had claimed corruption amounting to 315.2 million rupees, the Special Court determined the corruption amount to be 207.1 million rupees. Gurung had filed a writ petition in the Supreme Court against the notice issued by the Secretary-General of the Federal Parliament Secretariat on Poush 12, 2079 BS.