The Paradox of Candidacy: Why Madhav Nepal Can Run but Not Serve

Madhav Kumar Nepal, the co-coordinator of the Nepal Communist Party, has registered his candidacy from Rautahat Constituency No. 1 for the House of Representatives election scheduled for March 6. 

Although he is not legally disqualified from being a candidate, he will not be able to work as a member of parliament, minister, or prime minister even if he wins. This means he will not be allowed to participate in meetings ranging from the election of a prime minister in parliament to the passing or failing of any laws.

The House of Representatives Election Act only prohibits individuals who have been convicted and whose cases are finalized in corruption charges from becoming candidates. The case against leader Nepal is currently sub-judice in the Special Court. 

The Commission for the Investigation of Abuse of Authority has filed a case against Nepal in the Special Court regarding the Patanjali land embezzlement scam. 

According to Section 33 of the Prevention of Corruption Act 2002, if a corruption case is filed against a public servant, they remain automatically suspended until the case is settled. The Act stipulates that individuals holding public office and legislative positions are also considered public servants.

In the Patanjali land case, the Commission has claimed a fine of 185.85 million rupees from Nepal. In 2066 B.S, while Madhav Kumar Nepal was Prime Minister, the Cabinet had decided to grant approval for the purchase of land that was exempt from the ceiling. There is a legal provision for automatic suspension until any corruption case is resolved.