The Supreme Court has issued an interim order not to immediately implement the decision to disqualify the candidacy of Rastriya Swatantra Party candidate Dr Tosima Karki in Lalitpur-3.
A single bench of Justice Dr Kumar Chudal has today issued an interim order in the name of the Election Commission not to immediately implement its decision to cancel Karki's candidature.
The EC had decided to cancel Karki's candidature on October 29, stating that she was an elected member of the Nepal Medical Council and that the position was a public position of benefit. Karki had filed a writ petition against the decision in the Supreme Court on Monday. The interim order however states that "it appears that financial benefits such as meeting allowance or travel allowance or vehicle expenses received when participating in the meeting of any council or organized institution are not of a regular nature."
The court explained that since the position of a member of the Medical Council is not a position of regular remuneration or a position of regular responsibility, it cannot be considered a public position of profit as per Clause (e) of Section 12 of the House of Representatives Election Act 2074.(RSS)