Article 87 of the Constitution of Nepal, 2072 BS, stipulates five qualifications to be a candidate in an election.

In which it is said that a citizen of Nepal, should be 25 years of age, not convicted of a criminal offense that shows moral turpitude, not disqualified under any federal law, and  not holding any position of profit 

allegations.

After this rumor spread, Tamang had to deny that she had not filed any application to withdraw her candidacy as she was an eligible candidate as prescribed by the constitution and election law. Similarly, she had said that her candidacy was valid as no complaint had been registered against her at the election office. She reached the election office and clarified that she did not have a PR from any country.

According to the District Election Office, Dhading, a complaint was filed saying that Tamang had a PR from Germany and was not eligible for candidacy. But it was dismissed as he was not eligible for registration. After the mail of withdrawal of candidacy was sent to the Election Commission by creating a fake email ID in Tamang's name, she herself went to the office and informed that it had come from a fake address. Tamang had informed the election office through a self-declaration that she had a ‘TR’ (Temporary Residency) visa, not a German PR. She had said that it had also become inactive. She is married to a German citizen. They also have two children. She says that she has not given up her Nepali citizenship-passport but has taken a German TR. According to the provisions of the TR, if she stays outside the country for more than 6 months, it automatically becomes inactive. It has been more than 9 months since Tamang last came to Nepal.

A candidate from the RPP withdrew her candidacy due to the PR controversy.

What is the provision in the Constitution and the law?

The provision for eligibility to be a candidate is mentioned in Article 87 of the Constitution, while Article 291 of the Constitution states that a person holding a foreign PR and green card is not allowed to be a candidate in Nepal's elections.

The said article contains a provision for ineligibility for appointment. Clause 1 of which states, 'Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit (PR) shall not be eligible for election, nomination or appointment to a position subject to election, nomination or appointment under this Constitution. However, a person who has renounced such a foreign permanent residence permit shall not be barred from being elected, nominated or appointed to such a position after a period of at least three months has elapsed.'

The Constitution has clearly prohibited candidacy in the case of foreign PR. Clause 2 further clarifies this. 'Other provisions relating to a citizen of Nepal who has obtained a foreign permanent residence permit pursuant to Clause (1) shall be in accordance with federal law,' Clause 2 states.

This article refers to the House of Representatives Election Act 2074 as a federal law. Similarly, the House of Representatives Member Election Guidelines set by the Election Commission also stipulates the qualifications and disqualifications of candidates. Point number Jha of the guidelines states that a candidate who has obtained a permanent residence permit from a foreign country contrary to Article 291 of the Constitution of Nepal will be ineligible to be a candidate.

Similarly, Section 16 of the House of Representatives Election Act provides for removal from office if the court finds him/her ineligible. Section 23 of the Act states that if a candidate is ineligible under the Constitution and this Act, the nomination papers will be invalid.

Who withdrew in the PR dispute?

Of those who registered their nomination papers directly, 72 withdrew their names. Former Prime Minister Baburam Bhattarai and independent candidates from various districts withdrew their names.

But due to the PR card dispute, only one candidate withdrew her name. Rastriya Prajatantra Party (RPP) candidate Karvika Thapa, who had filed her candidacy for the House of Representatives from Rupandehi-2, withdrew her candidacy.

According to Article 291 of the Constitution of Nepal, she can file her candidacy only after three months of renouncing her permanent residence permit (PR/green card) abroad, but she withdrew it herself after she did not meet the eligibility criteria. Thapa, who obtained PR abroad during her studies, clarified that she had to withdraw her candidacy as the three-month period after renouncing the card had not expired.

She is the daughter of RPP leader and former Home Minister Niranjan Thapa. Spokesperson Narayan Prasad Bhattarai said that so far, no one's nomination has been canceled due to having PR or the decision to withdraw has been made by anyone other than Thapa. He argues that other candidates have withdrawn for other reasons.

What happens to a person with PR once he is elected as an MP?

If a person with PR is found to be elected as an MP in the House of Representatives by hiding his/her facts, two charges will be filed.

He/She will be accused of violating the Constitution and being elected by deceiving the Election Commission. The Election Commission has made a provision to self-declare while registering the nomination papers. While declaring like this, he/she will also have to disclose whether he/she has PR of any country or not.

Similarly, violation of Article 291 of the Constitution as well as the provision related to citizenship also attracts. In this situation, a case like that of Ravi Lamichhane will be filed in the past. The Supreme Court has already explained in Lamichhane's case that one cannot be an MP if he/she is not a Nepali citizen. According to the Constitution and laws of Nepal, there are 6 situations in which the post of an MP becomes vacant.

The post becomes vacant if the MP submits a written resignation to the Speaker/President and it is accepted. The post automatically becomes vacant if the MP dies, and the post also becomes vacant if he/she is disqualified from being an MP by a court decision or legal reason. Similarly, in the fourth situation, if the party that won the election leaves or joins another party (according to the Party Abandonment Act), the position of MP becomes vacant. Similarly, if a person is found guilty of corruption, serious crime, moral/legal offense, and the court annuls the election, the position becomes vacant.

If an ineligible person is found to have been elected, the court, not the Election Commission, will have to vacate the position. A case can also be filed against the person elected in this way for submitting false information to the Election Commission. This will depend on the government attorney. A re-election will be held in that area.

What candidates are eligible and ineligible for the Falgun 21 election?

The Election Commission has made provisions on five points that make the persons specified by the Constitution, the House of Representatives Election Act 2074 and the guidelines eligible and ineligible to be candidates for direct and proportional representation.

The eligibility criteria for being a candidate include being a citizen of Nepal, being included in the final voter list of a rural municipality or municipality in the case of elections to the House of Representatives, having completed twenty-five years of age, not being disqualified under any federal law, and not holding any position of profit.

Similarly, a person who is receiving remuneration from the government or a government-funded organization for disqualification, has been convicted under the prevailing election law and has not served two years of such sentence, has been convicted of corruption, rape, human trafficking and smuggling, drug sales, distribution and export or import, money laundering, passport misuse, kidnapping or other criminal offenses involving moral turpitude, or has been sentenced to life imprisonment or twenty years or more in prison for any offense and such a decision has been final.