The Supreme Court has issued an order that the appointment of the General Secretary of the Federal Parliament, Padma Prasad Pandey, should not be revoked because he is the General Secretary of the Federal Parliament on the basis of citizenship. Supreme Court registrar Bimal Paudel filed a petition filed by Trilok Bahadur Chand, Amrit Kharel, Anil Acharya, etc., alleging that Pandey obtained citizenship by changing his age in violation of the citizenship law and misused the said citizenship.

Judge Hariprasad Phuyal, while hearing the petition filed against the bench, issued an order that there was no need to cancel Pandey's appointment.

'In this, the respondent obtained the certificate of Nepali citizenship on 28 June 2046 mentioning the date of birth on October 15, 2026, and said that the certificate of citizenship was lost on the date 2066 Bhadra 8, mentioning the date of birth on December 26, 2032. Due to the fact that the date of birth was different from the certificate found and the citizenship certificate taken on Bhadra 8, 2066, the District Administration Office, Palpa submitted an application in accordance with Section 34 (3) of 2063, in accordance with the applicable legal provisions related to citizenship and citizenship certificate details procedure, dated 2076 Bhadra 23. Q. Ka Palpa's comment was upheld and his citizenship certificate dated 2066 Bhadra 8, which was said to have been lost, the citizenship certificate dated 28 Asar 2046 was retained and based on the decision dated 23 March 2080, he was appointed to the post of Secretary General of the Federal Parliament. Unseen condition,' said the bench of Judge Phuyal.

There is an order of the Supreme Court that the appointment cannot be revoked on the basis of the fact that the Citizenship Administration Office, Palpa, has a different date of birth. "When it is seen that the citizenship of the District Administration Office, Palpa, which still has a different date of birth, has been taken, the said second citizenship certificate and the citizenship certificate based on the demand for his appointment, there is no need to use extraordinary jurisdiction to cancel it," the Supreme Court said. 

Judge Phuyal has mentioned that the bench order dated February 3, 2080 from the registrar of the Supreme Court has been approved. Although Judge Phuyal ordered on February 8, it was made public only on Monday.

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What is the citizenship and passport case of General Secretary Pandey?

It has been announced that Pandey took citizenship after reducing his age by 6 years in 2066. The State Order and Good Governance Committee under the House of Representatives is investigating the matter. Pandey reduced his age by 6 years and took a second citizenship and misused the same citizenship to create a dual passport.

According to the Palpa District Administration Office, Pandey took citizenship (number 35) for the first time on June 28, 2046 and his date of birth is 2026 October 15.

Pandey took the second citizenship on August 8, 2066 saying that he had lost his citizenship, this time he reduced the age by 6 years and established it on December 26, 2032. He showed his first citizenship when he entered the service of the Attorney General's office as a co-attorney in 2067, and he kept the second citizenship with him for 10 years.

He canceled the second citizenship on August 23, 2076 saying that the details were different by mistake. He got citizenship number 39-01-76-05515 as a copy of the citizenship taken at the beginning. For 10 years in between, he used both citizenships and took different passports.

In 2066, he made a passport based on the citizenship three years after reducing his age. On July 2, 2069 (July 17, 2012), the Ministry of Foreign Affairs has given the record of obtaining an 'ordinary passport' number 06018370 from the Palpa District Administration Office to the State Affairs Committee of the Parliament.

It has been found that he took a 'special' passport numbered 0059449 from the Passport Department Kathmandu on 2069 Mansir 20 (December 5, 2012) before five months of taking the 'ordinary' passport from the District Administration Office Palpa . However, in this passport, he has given details of his old citizenship. Thus, in his ordinary passport, the date of birth is 2032 December 26 and in the special passport, the date of birth is 2026 October 15 .

Not only did he keep the second citizenship for 10 years after reducing the age by 6 years, but he also kept the second citizenship for 10 years, the State Order Committee of the Parliament has submitted documents from the Ministry of Home Affairs and the Ministry of Foreign Affairs. Pandey was appointed as the Secretary General of the Federal Parliament by the President on the recommendation of Speaker Devraj Ghimire and Speaker of the National Assembly Ganesh Prasad Timilsina while the committee was taking documents for investigation.

Pandey was made the then General Secretary Bharatraj Gautam to resign with his tenure remaining. There is a constitutional provision that the President appoints the Secretary General of the Parliament on the joint recommendation of the Speaker and the Speaker of the National Assembly.