Congress Submits Written Response in Disputed Proportional MP Selection

Kathmandu. Nepali Congress has submitted a written response in the Supreme Court regarding the dispute in selecting MPs from the backward region under the proportional electoral system, filed by Congress leader Vidya Devi Timilsina.

Congress leader Timilsina had filed a writ petition against the Election Commission, Congress Central Office, and the Parliament Secretariat, alleging injustice by not including her in the proportional list of House of Representatives members. In the writ, she claimed that the proportional list was violated. However, Congress recommended Kalibahadur Sahakari, who was at number 7, to be elected, and the Election Commission announced accordingly.

The Supreme Court's Constitutional Bench had ordered the respondents on March 25 to present the reason for not recommending Timilsina's name for proportional representation. In its written response to the order, Nepali Congress claimed that the decision to recommend Kalibahadur Sahakari of Kalikot for the quota of the backward region was lawful and demanded that the writ filed against him be dismissed. In the written response, Congress mentioned that the claim based mainly on technical errors is meaningless.

Congress stated that Kalibahadur Sahakari's address was clearly mentioned as Kalikot in the closed list submitted to the Election Commission, and there is no dispute about the fact that he is a permanent resident and voter of that region. Congress argued that it cannot be said that Sahakari is not a citizen of a backward region simply because the 'backward region' column in the closed list was not ticked.

The written response stated, 'The selection of Sahakari cannot be deemed otherwise solely on the technical reason of not marking the symbol after the district was opened. The law should be interpreted not only by its words but also by its spirit and purpose.'

Congress put forward the argument that the final right to choose from which cluster whom to select rests with the concerned political party. Congress stated that it depends on the party's decision whether to send Tarabahadur Thapa (Humla), Hajari Nepali (Jajarkot), or Bhimbahadur Tiruwa (Mugu) from the backward region, and the respondent's claim is not valid in this regard.

Similarly, regarding Manbahadur Nepali, who was at serial number 1 for Dalit male, Congress clarified that a female candidate was selected due to the legal obligation to ensure women's representation. Furthermore, the response informed that Sadan Krishna Shrestha was recommended for the representation of persons with disabilities in accordance with the spirit of the House of Representatives Election Act, 2074.

Nepali Congress stated that the decision made by the Election Commission and the recommendation made by the party are in accordance with the prevailing Election Act, 2074, and the House of Representatives Proportional Election Directive, 2079, and that the petitioner's claim is baseless.