The government decision to hold local level elections on May 14 is itself a matter to elate as the decision has granted the chance to choose their own representatives to rule the local bodies after about two decades. But the apathy of the concerned stake holders including to the Supreme Court (SC) to implement the right to reject provision, which is popularly known as ‘None of the Above’ (NOTA), has compelled the people to cast votes even if he or she does not find the candidates irresistible.
Though the government did not implemented the NOTA provision while promulgating the laws related to the local elections claiming that such a provision could invite political complications in a developing democratic country like Nepal, the SC, the Apex Court of the country, has also stand against of its own verdict to implement the widely accepted practice in the developed democratic countries.
The SC has refused to register a writ petition tried to file demanding that the NOTA provision be implemented in the upcoming local level elections. Advocates Swagat Nepal and Bhiraja Rai had tried file a writ on Sunday arguing that the SC’s previous verdict on NOTA should be translated into practice while conduction local level elections on May 14.
However SC Registrar Nripadhwoj Niraula had refused to register the writ claiming that it was up to the legislative parliament to decide whether to implement the Court order or not. Registrar Niraula had a claim that the SC cannot interfere into the parliament' jurisdiction.
The refusal to register the writ that demands just the implementation of the previous verdict is not only a matter of ridiculous but also a major setback to the democratic system in Nepal, advocate Nepal said arguing that implementation of the NOTA provision is must to strengthen the democracy in the country.
As our writ is rejected even from the registration claiming that the SC cannot interfere into the parliament' jurisdiction, the people should exert pressure to the government and the political parties to implement the widely practiced provision, Nepal, who is also a senior journalist, said.
According to him most of the developed countries have already implemented the NOTA provision. In South Asia, India and Bangladesh have also implemented the provision.
Responding to a writ filed demanding the implementation of the NOTA provision, the SC had on January 2015, issued a verdict asking the government and other concerned stakeholders to ensure the NOTA provision in accordance with international practices.
Following the SC’s verdict, the Election Commission (EC) had also introduced the NOTA provision while providing the draft law of the Local Body Working Procedures. But it was dropped while approving the draft law prepared by the EC. The political parties had remained univocal not to approve the NOTA provision as they have a fear that most of their candidates would be rejected by the people while casting votes.
