KATHMANDU: Senior advocate Dinesh Tripathi has challenged the Election Commission’s notification against the “No Not Again” Campaign.
Tripathi has filed a writ petition against the Election Commission’s press release dated 7/8/079 in the Supreme Court on Monday.
The writ petition has stated that it is an evil intention to render the constitutional rights of citizens null or ineffective; term the exercise of fundamental rights a criminal act and threaten the citizens with severe punishment.
“Such action is harmful to the health of democracy. Democracy is a market place of ideas, where different ideas compete freely with each other,” says the writ.
“This step of the Election Commission seems to be trying to push the country on the path of “guided democracy” or in Fareed Zakaria’s words “Illiberal democracy”.”
The writ explains that campaigning for or against a candidate in the election process is not hate speech. “It is a legitimate action in the election process. Criminalizing such legitimate action is against the value and recognition of the constitution.”
Punishment against citizens exercising their rights and freedoms in a peaceful manner is not acceptable in any civilized and democratic country. “Such move underlines the fact that our fundamental rights and freedoms have been hijacked and constitutional democracy has suffered serious distortions. The Constitution or the law does not authorize EC’s such direction.
“Th EC notification is arbitrary and capricious. It has sought to nullify the constitutional liberty.”
The writ adds it is an example of arbitrariness that the Election Commission restricts or frustrates civil liberties on the basis of matters and grounds other than those prescribed by the Constitution.
“The act of criminalizing the freedom of thought and expression of citizens and threatening them with imprisonment of up to 5 years and a fine of Rs 100,000 undermines the constitutional value and recognition. And to do this in the context of elections is to frustrate the fairness and sanctity of elections. Elections are an effective way for citizens to use their free will. In the election process, every citizen is free to vote for any candidate or not.”
“In a democracy, periodic elections are a powerful way for citizens to use and exercise their sovereignty. Elections are the oxygen of democracy. One is free to campaigning. This right of citizens and voters must remain unfettered. All candidates are equal in the election process.”
Senior Advocate Tripathi has written, “I have appeared before the honorable court with this petition of public interest as per Article 46, Article 133 (2) and (3) of the Constitution as EC has attempted to frustrate the fundamental rights guaranteed under Article 16, Article 17 (2a), Article 18 and Article 19.”
“I urge the court to issue a certiorari order pursuant to Article 133(2) and (3) of the Constitution to review the Election Commission’s press release dated 7/8/079 and subsequent actions arising from the direction taken by the commission.”
“I also request the court to issue a a restraining order in the name of the opponents to prevent issuance of any future illegal directive, notice or order.”
It has also been requested in the writ to issue an interim order in accordance with Rule 49 of the Supreme Court Rules 2074 so as to prevent arrest of anyone and prosecution of the matter.
“The press release issued on 08/06/2079 should not be implemented until this writ petition is finally decided as the notification/press release issued by the Election Commission creates obstacles and frustrates the exercise of the fundamental rights granted to citizens and voters by the constitution and leads to irreparable damage,” Tripathi has stated in the writ.
The hearing on the writ is taking place on Tuesday.
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