A man in Nepal who was nominated to contest local elections was barred from running because of his gender identity.

Badri Pun, 40, is registered as a ‘third gender’ in Nepal. He wanted to run for the position of vice-chairperson in the rural electorate of Annapurna.

But electoral officials said he was not eligible to run because he is ‘neither male nor female’.

‘The district election officer told me that my citizenship does not help. He told me that I am neither male nor female, so he cannot allow me to contest even though my party has recommended me,’ Pun told My Republica.

In late April Pun went to the election office to officially enrol as pre-selected candidate for the vice-chairperson position but electoral officer Kedar Acharyawas rejected his application.

Acharya said Pun’s nomination could not be accepted because his party – the CPN-UML – had nominated a male for the post of chairperson. Acharya said the vice chairperson nominee must be female.

‘How could I accept the nomination of a third gender when this is not allowed by the legal provisions? He should have taken this up with his own party,’ Acharya said.

Pun vowed to fight the decision, citing other cities in Nepal where trans people were nominated as candidates for political office. He will take the matter to the Pokhara High Court.

‘I will not remain silent,’ Pun said.

‘In Kathmandu, Bidhya Sundar Shakya and Rajaram Shrestha have been nominated for the posts of mayor and deputy mayor respectively. Now, has not the election commission’s provision on gender been breached? Both of them are males.’

Illegal decision

Hari Phuyal is a former Attorney-General in Nepal and said Pun’s nomination rejection was illegal.

‘If the name in the citizenship certificate had been Badri Pun, the section officer might just have been right. However, the name is ‘Dilu Budija’ (Pun’s birth name). In such a case, being identified as third gender cannot be a basis for denying nomination,’ he said.

In 2011, Nepal first recognized a ‘third gender’ on the census and in 2015 issued the first Nepalese passport in a ‘third gender’.

Last year a record number of trans people sat the public service test to be able to work as civil servants.