Dr Toshima Karki has reached the Supreme Court (SC) against the cancellation of her candidature by the Election Commission (EC).
The nullification of Toshima Karki’s election candidacy has started a public outrage about the impartiality of the commission.
Toshima, who was contesting for a House of Representatives seat from Lalitpur-3 on a Rastriya Swatantra Party ticket, 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.
Issuing a notice on Saturday, Election Commission stated that Nepal’s constitution considers the allowances as remuneration and the House of Representatives Election Act, 2017 states that election candidates should not be receiving any perks from state coffers.
The Act clarifies that an office of benefit means a position where the holder receives remuneration or monetary benefits from state coffers, and it is different from a political position filled through elections or nominations.
Meanwhile, Toshima informed that the commission earlier registered her candidacy because she was eligible. “I have not hidden the fact that I am a member of the Nepal Medical Council. The membership of the council is an elected post, and no laws describe it as an office of benefit,”
“The commission has taken its decision long after the expiry of the deadline for filing a complaint and they are already printing ballot papers”, she added. She said she has already resigned from her salaried position at Patan Hospital to focus on the election.
“The action is suspicious and looks aimed at removing me from the election,” said Toshima.
Toshima has also questioned the electoral body’s intent after the invalidation of her candidacy. She also said that she didn’t get any message or notice directly and had to learn from friends after they read the published notice on Election Commission’s social platform.
Law experts have also said that EC has interpreted the term ‘office of benefit’ in a wrongful manner
Earlier, on October 11, the commission had scrapped the election nomination of Kamal Bhusal citing that he was holding an ‘office of benefit’ as Bhusal had a government scholarship to pursue his master’s degree in medicine at the TU Teaching Hospital.
