Introduction to Election Commission
The Election Commission is a constitutional body and it is responsible for conducting and monitoring elections, as well as registering parties and candidates and reporting election outcomes in Nepal. Under Part 24 of the Constitution of Nepal, the formation, rights, duties and functions of Election Commission are described.
Historical Development of Election Commission of Nepal
The Interim Constitution of Nepal, 2007 BS made provision for the Election Commission for the first time. The first amendment of the Constitution of Nepal, 2019 BS provided for the Election Commission to conduct election related work in Nepal. After the restoration of multi-party system in 2046 BS, the provisions related to the Election Commission remained in the Constitution of the Kingdom of Nepal, 2047 BS and the Interim Constitution of Nepal, 2063 BS. The Constitution of Nepal, which was promulgated on Ashoj 3, 2072, has also given continuity to the Election Commission as a constitutional commission.
Constitutional Provisions of Election Commission
Articles 245 to 247 of the Constitution of Nepal contain the following provisions regarding the constitution, functions, duties and powers of the Election Commission.
Formation of Election Commission
Article 245 of the Constitution of Nepal provides for the formation of the Election Commission as follows:
1. There shall be an Election Commission of Nepal. Election Commission of Nepal consists a Chief Commissioner and other four commissioners. The Chief Commissioner is the head of Election Commission of Nepal.
2. The Chief Election Commissioner and other Commissioners are appointed by the President on the recommendation of Constitutional Council.
3. The terms of office of Chief Election Commissioner and other Commissioners are of only five years from the date of appointment.
4. Once a person is appointed as Chief Election Commissioner and Commissioner of Election Commission is not eligible for reappointment.
5. Qualifications required for the appointment of Chief Election Commissioner and other Election Commissioners are as follow:
- Bachelor Degree
- Not being a member of any political parties at the time of appointment,
- Minimum age must be 45 years
- Must be of high moral character
6. Post of Chief Election Commissioner and other Election Commissioners become vacant in the following conditions:
- Given resignation in writing to the President,
- Completed the age of 65 years,
- If impeachment passed against him/her,
- If he/she is removed by the President
- In case of death.
Functions of Election Commission
Functions, Duties and Power under Constitution
The functions, duties and powers of the Election Commission are mentioned in Article 246 of the Constitution. They are as follow:-
1. To conduct, supervise, direct and control the election for the post of President, Vice-president, members of Federal Parliament, members of State Assembly, and members of Local Level,
2. Hold referendum on a matter of national importance,
3. To decide a question arises about the qualifications of a candidate after the nomination of candidate is filled but before the election results is published.
4. To delegate it's functions, power and duties to the Chief Election Commissioner or any other Government Employees.
Functions, Duties and Power under Election Commission Act, 2073
The functions of Election Commission is also mentioned under Chapter 2 of Election Commission Act, 2073 from section 3 to 11. They are as follow:-
1. Power to fix polling date
2. Power to correspond for security management
3. Power to monitor or cause to be monitored
4. Power to give permission for observation
5. Power to seek assistance
6. Power to use physical facilities
7. Power to make decision as to disqualification of candidate
8. Power to cancel election