Lawyers criticises EC decision

Kathmandu Feb 6-Lawyers have said that the decision of the Election Commission (EC) to allow voters to cast their votes without voter's identity card is inconsistent to the constitution and laws Nepalnews write in special reports .

Constitutional lawyer Bhimarjun Acharya said that the notice of the commission is not in accordance with the law and constitution. He said that the commission has no right to issue any directives that are inconsistent with constitution and rules and regulations related to elections.
Acharya claimed that the commission has brought out the news rules with the assumption that it would increase the number of people casting votes.This would be illegal election, he said, if it is so.

Secretary of Nepal Bar Association Madhav Baskota said that the directive of the EC violates the rule of law. He said that the directive cannot be accepted as a legal instrument because it is against the spirit of the constitution of 1990.

He hinted, however, that they would not move to the Supreme Court against the directive.
Meanwhile, the EC defended its move. Spokesperson of the EC Tejmuni Bajracharya said that clause 34 of the amended regulation relating to local election 1991 empowers the EC to bring such directives.

He said that the EC made this arrangement so that all people above 18 years, who have not received their voter's identity cards, can cast their votes in the municipal polls slated for Wednesday. If such am arrangement were not made, a large number of Nepalis citizens would be barred from their right to vote, he added.

Baskota also agreed that without such arrangement, people may be barred from their right to vote. But, he said, to avoid this situation, the commission should have distributed voters identity card earlier. The EC cannot go against the constitution in the name of protecting the rights of voters, he said.

The EC has not issued voters identity card since 2001 though it has been updating the list of the voters across the country.

The EC on Sunday directed its polling officers to allow people to cast their votes even if they do not posses voter's identity card. The election regulation of 2052 allows only persons possessing voters identity card to cast vote in the elections.

Same as,The private school operators in the Kathmandu Valley on Monday warned of strong protests if the Election Commission (EC) did not withdraw its decision to vacate the schools for the municipal elections slated for February 8.

The school operators’ warning comes a day after the EC directed 33 private and 111 public schools in the valley to “compulsorily” vacate their buildings from Monday evening for polling booths.

Criticizing the EC’s directive, president of the Private and Boarding Schools Organization of Nepal (PABSON), Umesh Shrestha, at a programme in the capital today, warned of protests if the decision was not withdrawn immediately.