CPN (Maoist Center) candidate for the federal parliament from Sarlahi-4 Shiv Pujan Raya Yadav will not get to contest in the election scheduled for Thursday.
The Supreme Court (SC) on Wednesday has ruled that an interim order need to be issued to annul the Election Commision’s (EC) decision of revocation of Yadav’s candidacy as demanded by him.
The SC on Tuesday issued a show-cause notice to the EC for revocation of candidacy of Yadav. A single bench of Deepak Raj Joshi hearing the petition of Yadav had sought written response and summoned the EC on Wednesday to decide whether an interim order is necessary or not.
The EC had taken action against Yadav, the candidate from left alliance that also includes CPN-UML, acting on complaints filed accusing him of abuse of the diplomatic passport. The EC has said Yadav's candidacy has been revoked as per the House of Representatives Election Act, and the returning officer concerned and candidate Yadav will be informed about the revocation.
Nepali Congress (NC) has fielded Amresh Kumar Singh from the constituency.
The Special Court on August 11, 2015 had sentenced Yadav for four months and fined him Rs 15,000 finding him guilty on the criminal charge of tampering with the diplomatic passport he had acquired as a Constituent Assembly (CA) member to send another person abroad.
Yadav had defeated Mahantha Thakur of the then Tarai Madhes Loktantrik Party and NC's Singh to win from Sarlahi-6 on a Madhesi Janadhikar Forum ticket in the first CA election in 2008. He, however, had lost the second CA election in 2013, that he contested on a ticket of Tarai Madhes Sadbhawana Party, to NC's Singh.
He had then joined Rastriya Janta Party Nepal (RJP) after merger of six Madhes-based parties before joining Maoist Center ahead of the recent local election.
He had appealed against the guilty verdict but the court has yet to give its final verdict on his appeal.
A complaint was filed with the EC on the name of a local from Sarlahi demanding revocation of his candidacy.
Independent candidates from his constituency Sarlahi-4, Ganesh Kumar Singh and Anil Kumar Singh, on November 5 had also complained with the EC demanding revocation of his candidacy. The candidate duo had then moved the Supreme Court (SC) after the EC dallied in taking decision on the complaints.
The EC revoked Yadav's candidacy after the Apex Court sought EC's response on the case. The EC earlier had revoked independent candidacy of NC leader Govinda Raj Joshi who has been sentenced by the court for corruption.
