Rayamajhi Commission accused can contest CA polls: SC

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Kathmandu, Sep 27 (UNI) The Supreme Court today ruled that there was no bar on those accused by the Rayamajhi Commission of various malpractices during the previous regime, from contesting the Constituent Assembly elections slated for November 22.

Giving its final verdict on the controversial Constituent Assembly (CA) Member Election Act-2007, the Court stated that the provision of the CA Member Election Law Act ran contrary to the Interim Constitution.

The act prevents individuals, who are accused by the Rayamajhi Commission of human rights abuse and misuse of state coffers during the king's rule from February 2005 to April 2006, from joining the electoral fray.

On August 27, about a dozen accused ministers and administrators of the erstwhile King-led government had moved the apex court, questioning the constitutionality of the legal provision of the act and demanded its scrapping.

The division bench of five Justices, however, was divided on the verdict.

Majority of the bench comprising Justices Balram KC, Top Bahadur Magar and Kalyan Shrestha ruled that the accused be allowed to take part in the elections.

However, Justices Anup Raj Sharma and Damodar Sharma argued that the law should be upheld since it was all about ''legislative wisdom.'' Kamal Thapa, Tanka Dhakal, Durga Shrestha, Roshan Karki, Bbuwan Pathak, Durga Shrestha and former regional administrator Ganesh Sherchan are among the former royal officials who had moved the apex court seeking annulment of the Clause 19 (G) of the Act, stating it was against the Interim Constitution. They also asked for permission to participate in the election process and the CA election.


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