Amending election laws inappropriate: ECN

Kathmandu, Sept. 5

The Election Commission Nepal (ECN) said on Monday that it was inappropriate to amend the election-related laws in such a way that the terms of the House of Representatives (HoR) and the Provincial Assembly become different.

The election body said that its attention was drawn to the introduction of a Bill in the Federal Parliament to amend the House of Representatives Election Act, 2017 and Provincial Assembly Member Election Act, 2014 with provisions relating to the tenure of the HoR and the Provincial Assembly.

The government had announced the election date for November 20 this year. Preparation of the election date was done based on the consultation given by the ECN to the government, the ECN said in its statement issued today.

Similarly, in case of the dissolution of the HoR or the Provincial Assembly, the Article 91(6-A) and Article 182(6-A) of the constitution have a provision that the Speaker and Deputy Speaker shall hold their office until the day before the date of nomination for the next election, the ECN said.

“It does not seem appropriate to amend the law so that other members of the HoR or the Provincial Assembly remain in the office from the date of nomination of candidates for the election,” read the statement.

Article 85 and Article 177 of the Constitution of Nepal stipulate that the term of office of the HoR and Provincial Assembly shall be five years.

According to both the laws, the candidates under the First-Past-The-Post (FPTP) election system are considered elected with the publication of the results while the election of the political party's candidate under the proportional (PR) election system is completed with the announcement of their election by the ECN.

Since there is no clarity regarding when the term of office of a member of the HoR and Provincial Assembly begins, and there is a situation whereby the candidates are considered elected on different dates when calculating the date of election members is taken into account, it would be practical and indisputable to calculate the terms of the members of the HoR and Provincial Assembly on the basis of the first election.  

The experience during the HoR election 2017 had it that the Legislature-Parliament will remain in place only until the day before the submission of the closed list of candidates in accordance with the proportional election system for the election of the HoR, the ECN said.

“In this way, in the case of another election to replace the existing assembly, adopting the principle that the previous assembly will continue only until the day before the submission of nominations for the election, as it has been practiced in the past, it does not look appropriate to do a different exercise in the same situation,” read the statement issued by Spokesperson for the ECN Shaligram Sharma Poudel.

In addition to it, according to the Election Code of Conduct, 2022, issued by the election body in consultation with the political parties represented in the Federal Parliament and Provincial Assemblies and has been published in the Nepal Gazette if a member of the federal or provincial parliaments becomes a candidate in the election for a post, he/she will automatically be relieved of the current post after the nomination paper is registered.

The ECN also said that the government did not consult with the election body regarding the amendment motives in case of the election laws.

“Article 246 of the Constitution of Nepal stipulates that the ECN shall conduct, supervise, direct and control the election, and other functions, duties, rights and procedures of the commission shall be in accordance with the federal law. It has been the practice of the Election Commission to participate in the amendment process,” read the statement.

There was a complete unanimity regarding the term of the HoR and the Provincial Assembly members when the election date was announced, and the election is being prepared accordingly, read the statement.

It is understood that the draft of the bill was submitted without consultation, there will be more confusion due to the new arrangement regarding the tenure, as well as the cleanliness and fairness of the election may also be questioned, said the ECN.

“There is a situation of creating discomfort even in the implementation of the system. In the present context, the Election Commission also requests that there be arrangements for consultation and coordination with it when proceeding with the process of drafting and amending laws related to elections, including the House of Representatives Election Act, and Provincial Assembly Member Election Act,” demanded the ECN.

Published in The Rising Nepal daily on 6 September 2022.