Full text of SC verdicts confirms ineligibility of Lamichhane as MP

The Supreme Court has reconfirmed that the membership of the House of Representatives from Chitwan constituency No. 2 of the Deputy Prime Minister and Home Minister Rabi Lamichhane would be rendered invalid.

This is stated in the full text of the apex court verdict on the case against Lamichhane released today. The verdict was announced by the Constitutional Bench comprising Acting Chief Justice Harikrishna Karki, Justice Bishwambhar Prasad Shrestha, Ishwar Prasad Khatiwada, Dr Anand Mohan Bhattarai and Anil Kumar Sinha.

“Rabi Lamichhane is found not eligible to run for the post of Member of the House of Representatives from Chitwan District, Constituency No. 2, and the decision to endorse his candidacy, announcement made to declare him elected, and the issuance of certificates are hereby declared null and void in accordance with sub-sections (2) and (3) of Article 133 and Article 137 (2) (b) of the Constitution of Nepal”, reads the full text of the verdict.

After acquiring American citizenship in 2014, Rabi Lamichhane presented the Nepali citizenship certificate which was not valid for filing nominations during the election and was elected on the same. Likewise, after relinquishing the US citizenship, he did not complete the due process according to Section 11 of the Nepal Citizenship Act, 2063 and Rule 11 of the Nepal Citizenship Regulations, 2063 to restore his Nepali citizenship.

“Since the procedure prescribed by law was not followed it cannot be assumed that his certificate of Nepali citizenship was duly restored,” adds the verdict.   He also does not meet the criteria as per Article 87 (1) of the Constitution of Nepal and Section 12 of the House of Representatives Member Election Act, 2074 to become a candidate or to remain a member of the House of Representatives.