Advocate Ganesh Kunwar had filed a writ petition in the Supreme Court on behalf of Ward Chair Panthi, seeking an interim order.
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The Supreme Court has issued an interim order not to immediately implement the Election Commission's decision to remove Rajkumar Panthi, the ward chairperson of Mathagadhi Rural Municipality-1, Chidipani, Palpa.
A single bench of Justice Sapana Pradhan Malla on Tuesday sought written responses from the Election Commission, CPN-UML Central Office, UML Central Secretariat, and District Committee Palpa and issued an interim order not to immediately implement the decision made by the commission. The Election Commission has asked the Attorney General and other opponents to submit written responses within a month through their legal representatives regarding the reason for the removal of the ward chairperson.
An order has been issued not to implement the notice issued as per the decision of the Election Commission on 26 Jestha 2083 until the final decision of the court is received. Advocate Ganesh Kunwar had filed a writ petition in the Supreme Court on behalf of Ward Chair Panthi, seeking an interim order.
The UML Central Secretariat had informed the Commission that the post had become vacant after the people's representative had left the party and joined another party. As per Sub-section (1) of Section 32 of the Political Parties Act, 2073 BS and Rule 22 of the Political Parties Regulations, 2074 BS, there is a legal provision that the party's central committee should decide and inform the Commission about the fact that the party has left the party. The Commission had informed that the post was vacant as per Sub-section (2) of Rule 22 of the Political Parties Regulations, 2074 BS.
Panthi, elected by the UML, was removed from office on charges of joining another party. The Election Commission had stated in the notice issued by the Election Commission that his post was vacant based on the information of the party concerned.
The notice issued by the Commission states that since the people's representative elected in the 2079 BS local level elections left the party, their posts automatically became vacant. Panthi, however, said that he was taken into action because he was in favor of the Gen-G movement and gave the message that innocent children should not be killed. He has claimed through social media that the action was taken despite not having joined any party.
