Supreme Court has provided interim order to Election Commission to not cancel the candidacy of Dr Toshima Karki.
Toshima, who was contesting for a House of Representatives seat from Lalitpur-3, was disqualified to be an election candidate citing she holds an office of benefit since she is an elected member of the Nepal Medical Council.
After the decision from EC on Saturday, Toshima reached the Supreme Court on Monday against the cancellation of her candidature by the commission.
On Tuesday, the single bench of Judge Dr Kumar Chudal issued an interim order not to immediately implement the Election Commission’s decision to cancel Karki’s candidature.
According to Assistant Spokesperson of SC, Devendra Dhakal, the court has also demanded a written explanation from the commission on this matter.
The Supreme Court has said the post of a member of the Medical Council cannot be considered ‘office of benefit’.
According to the Election Commission Act, 2017 Section 12 Clause (e), if someone receives any financial benefits such as meeting allowance, travel allowance or vehicle expenses received for participating in the meeting of a council or organization, they cannot be considered monthly remuneration.
Toshima had claimed that her position is not ‘office of benefit’ as she only receives any amount if she attends meetings and functions of the council.
