Himal Press 
KATHMANDU: The Chief District Officer of Kathmandu, Ghanashyam Upadhyaya, has argued that legal professionals do not have the right to question the qualification of members of the House of Representatives.
In response to an order from the Supreme Court, the local administration of Kathmandu called for the dismissal of the writ petition. The administration argued that only individuals whose rights have been violated have the right to seek legal remedies.
Responding to a writ petition the questions the legitimacy of the member of parliament, Rabi Lamichhane, the Supreme Court had requested written responses from three agencies – the District Administration Office in Kathmandu, the Election Commission, and the Federal Parliament Secretariat. Lamichhane has since been appointed as the Deputy Prime Minister and Minister for Home Affairs.
The three agencies have been named as defendants in the case.
In its reply to the Supreme Court, the Federal Parliament Secretariat stated that the matter concerning Lamichhane’s legitimacy is related to citizenship which falls outside of its jurisdiction. The Secretariat added that it is the responsibility of the concerned District Administration Office and the Election Commission to examine the matter.
The constitutional bench of the Supreme Court, led by Acting Chief Justice Hari Krishna Karki, is hearing the case.
The Election Commission has stated that it is unable to make a decision on the qualification of a member of the House of Representatives after the final election results have been published. The Commission added that it can only consider matters related to the qualification of candidates before the election results are published.
All three agencies named as defendants in the petition have called for the dismissal of the writ petition. The Supreme Court will hear the case on Friday.
Advocate Rabi Raj Basoula filed a writ petition seeking a Supreme Court order to prevent Lamichhane from taking the oath of office and serving as a member of parliament. The petitioner also requested that Lamichhane be removed as the chairperson of the Rastriya Swatantra Party for allegedly using his inactive Nepali citizenship after obtaining US citizenship.
