The Supreme Court has issued a verdict describing that the position of member of Nepal Medical Council Dr Tosima Karki is not a position of public benefit. Dr Karki is a candidate of Rastriya Swatantra Party for the post of member of the House of Representatives from Lalitpur constituency-3.
A joint bench of Judge Ishwar Prasad Khatiwada and Til Prasad Shrestha issued the verdict today noting that the post of Dr Karki in the NMC cannot be called a post of public benefit.
"The defendant was found not receiving salary or financial benefits regularly but only of temporary nature such as travel allowance", reads the court's order. For the purposes of Section 87 (1) e of the Constitution and Section 12 e of the House of Representatives Election Act, 2074, it cannot be considered to be 'holding a position of public benefit'.
The court passed the order while hearing a petition filed by the Election Commission demanding the annulment of the interim order of the Supreme Court. The Election Commission had decided to cancel the candidature of Dr Karki on October 29, arguing that she was an elected member of the Nepal Medical Council and that the position was a position of public benefit.
Dr Karki went to the Supreme Court against the commission's decision. The Supreme Court had issued an interim order on November 1 to not immediately implement the Election Commission's decision to cancel Karki's candidacy.
In response, the Election Commission filed a vacate petition on November 4, demanding that the order of the court be annulled. As a result, Dr Karki's candidacy will continue with the court order.
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