After the Butwal bench of the Tulsipur High Court ordered the release of Rastriya Swatantra Party (RSP) President Rabi Lamichhane on bail, he is set to be released from custody.
However, cases related to cooperative fraud, organized crime, and money laundering against him are still sub judice in various courts.
So, many people are curious about whether Lamichhane will be eligible to contest the upcoming election on March 5, 2026.
According to existing constitutional and legal provisions, Lamichhane is not yet ineligible to contest for a parliamentary seat in the upcoming election.
Advocate Sharmila Shrestha says that constitutional and legal provisions bar individuals who have been convicted and sentenced in criminal cases involving moral turpitude, or who have been declared ineligible under other laws, from contesting elections.
According to her, election laws related to the House of Representatives also prohibit individuals convicted in cases of money laundering, passport misuse, and corruption from becoming candidates.
“However, under those laws, a person becomes ineligible to contest elections only after a court has convicted and sentenced them,” she said. “If they are only accused, they are allowed to contest elections. There is even a precedent where Resham Chaudhary contested an election while still in custody.”
Advocate Shrestha said that even if someone is convicted and imprisoned for an economic offense such as cooperative fraud, the law does not prohibit them from contesting elections.
“The Constitution and the law state that only those convicted in criminal cases involving moral turpitude are barred from becoming members of Parliament. Cooperative fraud and banking offenses are economic crimes. Generally, these are not considered criminal offenses involving moral turpitude,” she said. “However, anyone convicted in criminal cases such as passport misuse, corruption, money laundering, or other cases involving moral turpitude would be disqualified from contesting elections.”
