Election Law Case: Som Prasad Sapkota v. Election Commission, N.K.P.2051, Vol. 36, No.9, P.693
Case : Certiorari
Petitioner: Som Prasad Sapkota
Respondents: Election Commission and Others
Decision Number: 4973
This case relates to the validity of an unopposed election where a candidate was declared elected and issued an election certificate without completing all the prescribed election procedures under the applicable election law.
Facts of the Case:
Som Prasad Sapkota was a candidate for the post of Chairperson of Gunsy Bhadaure VDC, Ramechhap. He represented the United People’s Front of Nepal. He was treated as the only candidate for the post. He was therefore declared elected unopposed and was given an election certificate.
Later, the election authorities cancelled the election process. They announced a fresh election programme.
Sapkota disagreed with the decision. He argued that he had already been declared elected and had received an election certificate. Therefore, his election could not be cancelled.
The authorities argued that the required election procedure had not been properly completed. They also questioned the circumstances in which the election certificate was issued, including allegations of threats and force at the polling centre.
It was found that the mandatory election procedure had not been followed. Therefore, the election certificate did not give Sapkota a legally valid right to hold the post.
Legal Issues:
- Whether a candidate can be declared elected unopposed without completing the election procedure prescribed by law?
- Whether such an illegally issued election certificate creates a valid legal right to hold the elected post?
Decisions of the court:
Supreme Court:
The Supreme Court dismissed the writ petition. It held that even if there is only one candidate, the candidate cannot be declared elected merely on that basis. The election procedure prescribed by the Local Bodies (Election Procedure) Act, 2048 and the Local Bodies Election Directive, 2049 must first be properly completed.
Since Som Prasad Sapkota was declared elected and given an election certificate without completing the required procedure, the certificate had no legal validity. Therefore, it could not create a legal right to hold the elected post.
Principle Established:
An unopposed election is legally valid only when the election procedures prescribed by law are properly completed. A certificate obtained without following the mandatory legal procedure cannot create a valid legal right to the elected position.
