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 the 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 the 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 the 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 and Composition 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. The Election Commission of Nepal consists of a Chief Commissioner and other four commissioners. The Chief Commissioner is the head of the Election Commission of Nepal.
2. The Chief Election Commissioner and other Commissioners are appointed by the President on the recommendation of the Constitutional Council.
3. The terms of office of the Chief Election Commissioner and other Commissioners are 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 follows:
- 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. The 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 is passed against him/her,
- If he/she is removed by the President
- In case of death.
Functions of the Election Commission
Functions, Duties, and Power under the Constitution
The functions, duties, and powers of the Election Commission are mentioned in Article 246 of the Constitution. They are as follows:-
1. To conduct, supervise, direct, and control the election for the post of President, Vice-president, members of the Federal Parliament, members of the State Assembly, and members of the Local Level,
2. Hold a referendum on a matter of national importance,
3. To decide a question arises about the qualifications of a candidate after the nomination of the candidate is filled but before the election results are published.
4. To delegate its functions, power, and duties to the Chief Election Commissioner or any other Government Employees.
Functions, Duties, and Power under the Election Commission Act, 2073
The functions of the Election Commission are also mentioned under Chapter 2 of the Election Commission Act, 2073 from sections 3 to 11. They are as follows:-
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
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