Machine Translated by Google
Due to the fact that the economy of the state has not been able to create
employment opportunities, there is a risk that the citizens who have migrated to
foreign countries due to employment reasons may also be deprived of the right to
vote. On the one hand, elections conducted by excluding a large part of the
country's population violate the voting rights of those citizens, and on the other hand,
the results of such elections cannot fully reflect the real wishes and feelings of the
citizens.
Depriving citizens who are employed abroad of the right to vote may raise questions
about the fairness and sanctity of the election itself. There can be no dispute about the
fact that the elections conducted by the state should be clean and fair, but the elections
conducted by diverting a large part of the population from the opportunity to cast their
votes cannot be considered as fully approved by the people.
The right to vote in the election is a constitutional right of the citizen and every citizen
should be given equal opportunity to participate in the election without discrimination
and it is the responsibility of the state to adopt any other necessary measures including
legal, administrative and reflecting the real will and feelings of all citizens in the
election under the democratic system. In order to make the elections widely
participatory, it is the responsibility of the state to make proper arrangements to
provide voting rights to Nepali citizens abroad in connection with foreign employment.
(Chapter No. 7)
On behalf of the Writ Petitioner: Learned Advocates Mr. Hari Phuyal, Mr. Alok
Pokhrel, Mr. Barun Ghimire, Mr. Anurag Devkota and Mr. Kedar Dahal
For the Opponent: Learned Deputy Advocate Mr. Hariprasad Regmi