nepalipolitics is an ultimate PLATFORM where YOU can have your say on political issues.
Election FAQs
Constituent Assembly
Constitution is the main law of the country. The country's
state management runs according to this law.
Constituent Assembly is an assembly of people's
representatives chosen by the people for the formation of a new constitution,
as desired by the people.
Constituent Assembly Election is needed in Nepal to
restructure the nation according to the aspirations of the People's movement –
II, to reach a decision on the future of monarchy, to ensure democratic rule of
law, to ensure proportional representation in all the bodies of state, to
institutionalize the people's sovereignty and to create an atmosphere for all
the citizens to exercise equal rights.
Constituent Assembly forms and implements a new constitution,
that encompasses the nation and the people's aspirations.
According to Nepal's Interim Constitution 2007,
the Constituent assembly will be formed through mixed election:
The one who earns the biggest number of votes from a set
constituency, will be considered the elected candidate
240
The candidate elected from among the political parties
through a proportional election, considering the entire nation as a single
constituency.
335
The candidate nominated from among the national icons by
the interim cabinet on the basis of consensus.
26
Total number of members
601
The first meeting of the constituent Assembly will be held
within 21 days from the day the Election Commission declares the result of the
Constituent Assembly Election. The meeting of the Constituent Assembly will be
held as scheduled by the Head of the Assembly. Similarly, at least least ¼ of
the Constituent Assembly members have to call for a meeting, for it to
materialize. The head of the assembly must summon the meeting within 15 days
after receiving an application, calling for the meeting, also stating its need.
The Constituent Assembly will be elected to stay in office
for a period of two years in Nepal.
A provision has been made to add a period of 6 working months to the Assembly
in case the constitution drafting is incomplete due to declaration of emergency
in the nation.
Inclusiveness in Constituent Assembly Election denotes the
process of including the classes or regions that are backward due to economic,
political, geographical, gender, social or other causes and participation of
those who have been left out of the nation's mainstream or those who have been
deprived of a role.
- How has the arrangement beeen made to
make the Constituent Assembly inclusive?- To nominate candidates
for the First Past the Post system on the basis of gender, geography and
population, - Poportional
representation of women, Dalits, the oppressed class, indigenus, backward
groups, Madhesis and others in the selection of political party
candidates for proportional election. - A minimum 50 %
representation of women from every group
- To nominate candidates
- What process will the Constitution undego
before it is endorsed?- Every proposal or bill
presented regarding the Consituent Assembly has the provision of being
passed on the basis of voting. - If a consensus is not
reached on a proposed bill or any of the articles, consultations will be
held between the political parties respresented in the Constituent
Assembly, so as to arrive at an accord. - A second round of
voting on the proposed bill or articles of dissent, will be held after
the consultations have been held. - Voting by 2/3
majority, in the presence of 2/3 representation of all the total members
of the Constituent Assembly shall take place to endorse the bill, if even
the second round of voting fails to strike an accord. - If all the members
vote for the motion, it is understood that a consensus is struck.
- Every proposal or bill
The Chairman and Vice Chairman of the Constituent Assembly
are elected from among the members of the Constituent Assembly. The candidates
for the post of Chairman and Vice Charmand should represent different political
parties.
During the period of Constituent Assembly, the assembly will
assume responsiblities of both the Constituent Assembly and the legislative-
parliament. The provision to form a separate committee to conduct the functions
in the regular statue of the legislative parliament exists. When doing the work
under the legislative parliament, the Chairman of the Constituent Assembly and
the Vice Present will function as the Speaker and Deputy Speaker of the
legislative parliament, respectively.
The present Secretariat of the legislative-parliament will
manage the functions of the Consituent Assembly, performing the job of its
Secretariat.
- What provisions exist for the Constituent
Assembly to begin functions as the legislative-parliament?
With the first meeting of the Constituent Assembly, the
tenure of the interim legislature will automatically end. All the rights vested
in the interim legislature will be transferred to the Constituent Assembly from
its first meeting onwards.
The majority representation for the Constituent Assembly
meeting to convene, must be at least ¼ of the total number of the Constituent
Assembly members.
- What are the main functions of the
Consituent Assembly?- To function as the
legislative parliament - To prepare and endorse
the report of the Consitution - To decide on opting
for referendum as a means to settle decisions on disputed issues - To decide on monarchy.
- To function as the
If 2/3 majority of the Consitutent Assembly members decide
that a certain issue is an issue of national contention, which calls for
referendum to make the decision, it is possible to hold referendum to settle
such an issue.
Election
Election is the procedure of exercising one's suffrage right
to elect a candidate of one's choice.
The following are the foundations of an authentic election:
-
- The voters must be
able to cast their ballot without any fear. - Elections have to be
free, fair and impartial. - The candidates must be
able to campaign in a terror free environment, - All those involved in
the process of election must be able to experience security and all the
activities within it must be impartial.
- The voters must be
Following are the yardsticks to measure free and fair
elections:
-
- Voters are not
deprived of their human rights and basic freedom before, at the time of
and after the election. - Every voter must have
the freedom to keep one's vote confidential. - When the voters have
information on the candidates and the electoral procedure. - When the civil society
is able to conduct awareness programs on election, freely. - When all those who
have reached the correct voting age have been granted the right of
inclusion on the voters' list. - When all the citizens,
political parties and candidates have the freedom of expression, to
assemble or to open parties. - Whe the election
procedure is free of any temptation, threats, violence, excesses or
punishment. - When media is at
freedom to gather and disseminate news about election freely - When those who have
offered their candidacy for election are able to freely campaign. - When national and
international observers and mediators are able to observe the election
freely. - When the role of the
office bearers deployed in election is fair. - When the role of the
government is transparent. - When there are no
hindrances to access to the polling booths.
- Voters are not
- What should be the voter's role during
election?- Share information with
other voters on voters' rights. - Extend necessary help
to the officials and security deployed to assist in elections. - Discourage elements
that may have adverse effect on elections. - Notify the Election
Commission or the officers deployed at polling centres if there are cases
where the Code of Conduct has been breached. - Attain information on
one's serial number on the voting list and about the location of one's
polling centre, before setting out to cast ballot. - Arrive at the
scheduled time on the day of Election and queue up to cast one's ballot
in a peaceful manner - Not to attempt to
influence the ballot of others at the polling queues
- Share information with
- What should be the role of civil society
in conduction of free and fair election?- Raise awareness on
election and electoral procedure. - Help create an
environment to cast the vote freely and in a terror free environment. - Extend necessary help
to employees and security personnel deployed to help in the conduction of
election. - Help with the
maintaining of voters queues and conduction facilitation activities
(drinking water, shelter) - Help in the observation
of Code of Conduct and its monitoring. - Share information with
the Election observation and monitoring teams to learn about the local
situations - Notify concerned
authorities or the Election officials and the security if one comes to
know of plans to rig the election.
- Raise awareness on
- What kind of help should the political
parties lend to conduct free and fair election?- To observe and help
observe rules, acts, code of conduct and directives related to election. - Raise awareness among
the voters about the electoral procedure. - Lend necessary support
to the Election officers. - Help prevent possible
irregularities in election - Encourage healthy
competition in election campaign. - Run civil education
campains raise wareness among the people on election and voting rights - Help promote
cooperation and goodwill among the political parties to make the
election, free, fair and impartial.
- To observe and help
- What kind of role should the officials
deployed for election related works play?- Maintain impartiality
and fairness in all the works and functions related to election. - Maintian patience,
politness and civility. - Equal treatment of all
the people. - Not to use onseself
and prevent use of alcohol and other non- permissible items. - Not to promote close
ties with any particular party or election candidate.
- Maintain impartiality
Electoral System
Two kinds of electoral systems have been adopted for the
Constituent Assembly election:
-
- The system in which
the one leading in the vote count is elected (First Past the Post System-
FPTP). - Proporational
electoral process.
- The system in which
One Member One constituency principle is followed in the
First Past the Post System (FPTP). There could be a number of candidates in any
election, conducted for any position. But a voter is allowed to cast vote in
favour of only one candidate. The one who leads with maximum number of votes,
is declared winner.
A proportional election is the one where voting takes place
for political parties, considering the entire nation a single election
constituency. The winning candidate is determined on the basis of the maximum
number of votes received by the parties. Such a system is known as
proportionate electoral system. For this system, the political parties must
submit a closed list of their election candidates to the Election Commission.
The listed candidates are declared winner, according to the number of votes
earned by political parties in the election.
Under the Proportionate Electoral Procedure, any party that
desires to contest the election must prepare a closed list of its candidates
representing the party in the election. The parties must present the list to
the Election Commission. The list must contain names of candidates comprising
women, Dalits, oppressed, indigenous, backward regions, Madhesi representation.
The closed list is not subject to changes.
Political parties must furnish their candidacy closed
lists as follows:
SN
CANDIDATE'S NAME
MADHESI
OPPRESSED/INDIGENOUS
DALITS
BACKWARD CLASS
OTHERS
FEMALE
MALE
F
M
F
M
F
M
F
M
1
2
3
4
5
6
7
8
9
10
.
240
TOTAL
%
POLITICAL PARTY STAMP
AUTHORIZED PERSON,
SIGN....................
NAME....................
NAME OF PARTY:....................
DATE:....................
..................
Drastabya: Political parties must submit the names of
candidates and groups the candidate represents clearly as shown in the above
table and present it to the Election Commission. A candidate may represent
more than one group.
Example: A candidate may represent women, Madhesis and
Dalits. "Others" will indidate a group not mentioned in the above
list. To ascertain whether or not the representation is according to the
percentage reserved for a groups, the percentage column will also have to be
indicated and finally added to calculate the percentage representation.
A political paty that wishes to participate in the
proportional electoral system must offer candidacy for at least 10 percent
membership out of the total number (335). In other words, at least 34
candidacies have to be proposed.
Two kinds of election constituencies have been formed for
the election to constituent assembly:
a.
240 election constituencies according to the First Past
and the Post System, where the one who leads with the maximum number of votes
is elected.
b.
Multi Member Single Constituency system according to
proportional electoral system.
According to Constituent Assembly election Act 2007, the
candidacy must be as follows from the following regions, from the total
candidates raised by the political parties:
Area SQ.
FEMALE
MALE
TOTAL %
DALITS
6.5
6.5
13
OPPRESSED/INDIGENOUS
18.9
18.9
37.8
BACKWARD AREA
2.00
2.00
4.00
MADHESI
15.6
15.6
31.2
OTHERS
15.5
15.5
30.2
CLARIFICATION: Since some of the candidates represent more
than one group, the total of candidates from all the groups is over 100
percent.
"Backward region" denote Accham, Kalikot,
Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
"Others" denote groups that have not been
clearly mentioned in the list.
The closed list presented at the Election Commission will be
intact throught out the tenure of Constituent Assembly.
To participate in election as a candidate, one had to meet
the following requirements:
-
- Nepali citizenship.
- Must have arrived at
least 25 years of age. - Free of criminal
charges. - Should not be in a
profit making position.
CLARIFICATION: "Profit making position" means any other
position besides the political party position, through which the candidate
benefits by way of earning salary or other monetary facility from the
government funds.
According to Consitutent Assembly Election act 2007, a
person is ineligible to contest elections in the following cases:
-
- If his/her name is not
on the voters' list - If the candidate holds
a position in any organization controlled or affiliated to the
government, through which the candidate benefits by way of earning salary
or other monetary facility from the government funds. - If the person has
received punishment according to the electoral laws and has not crossed
two years since the punlishment. - If punished by the
country's law for corruption offences. - Black listed on bank
loan default charges. - Mentally instable
- Considered guilty by
the High Level probe commission on charges of breach of human rights and
embezzlement of the government coffers to suppress the Jana Andolan II.
- If his/her name is not
A candidate for the First Past the Post system will not be
permissible to participate in proportional electoral system.
Voter And Voters' Right
- How does one qualify to vote for
Constituent Assembly Election?- Nepali citizen
- Must have arrived at
18 years of age by December 2006. - Permanent resident of
a VDC or Municipality within an election constituency.
There will be two different kinds of voters for the
Constituent Assembly Election, namely, temporary and permanent.
Anyone who has arrived at the age of 18 by December 2006, is
a permanent resident of a election constituency and has his/her name in the
voters' list is a permanent voter. A permanent voter is elegible to cast the
ballot in both First Past the Post and Proportional electoral system.
- Who is included in a temporary voters'
list?- Anyone employed in
government office, local bodies or in a government affiliated
organization. - Those in police or
army barrack or in the Maoist army cantonment. - Inmates/Prisoners
- Employees or security
officials deployed at polling booths.
- Anyone employed in
In a proportionate electoral system, a temporary voter is
elegible to vote only for political parties. But such voters are not allowed to
vote in the First Past and the Post System.
- What are the rights of a voter?
- The right to vote for
desired candidate or party with freedom and secrecy. - To create an
atmosphere for correct voting system. - Right to information
on the declaration letter and programs of poltical parties and
candidates. - Right to attain
information about the candidate or political parties. - Right to information
on Consituent Assembly and the process of election of Consituent
Assembly.
- The right to vote for
- What are voter's responsibilities?
- Cast vote without
anyone's fear, threat or without any temptation. - A voter should not
influence another's ballot by putting pressure. - Not to sell one's
vote. - Not to cast vote more
than once. - Not to cast proxy
vote. - Always be aware of
one's voting rights. - Report any activity
that breaches the code of conduct, to the Election Commission or those
deployed on election duty. - Not to use prohibited
articles like alcohol and cigarettes at the election centre, maintain
peaceful environment and queue up patiently to cast the ballot.
- Cast vote without
Voting
- How should one keep track of the Election
date?- Contact the Election
commission, Election Officer's Office, District Electoral Office or those
deployed at polling centres. - Contact the local body
officers and other government body officers. - Contact political party
workers and candidates, social workers, intellectuals and teachers. - Folow Election related
information in the media. - Look up the Election
Commission's website.
- Contact the Election
One is allowed to cast the ballot only from the polling
centre where one's name appears on the voters' list.
A voter should bring along certificate of identification such
as citizenship, voter's card, passport, license or land/property ownership
certificate or government-issued identity card. This would assist the voter in
casting the ballot conveniently.
- What must the voter do after arriving at
the polling centre?- Queue-up for voting,
verify one's name on the voters list, have the nails inked for indication
and collect ballot paper. - Make sure the Election
Officer has signed the ballot paper. - Go to the private
polling booth and stamp the box indicated for one's desired candidate
according to First Past and the Post System. Fold the ballot paper
carefully and drop it into respective ballot box.
- Queue-up for voting,
The visually impaired, the physically challenged or senior
citizens may request assistance of a trusted person, to help them cast their
vote. In such cases, the Election Officer must grant the permission for a
confidant to accompany the person to the polling booth.
If a voter is unable to cast his/er ballot due to physical or any other
constraints, the Election Officer must allow a confidant of the voter to
accompany him/her to the polling booth to assist with casting the ballot.
The voters under the following category will be given
priority during voting:
-
- Senior citizens
- Pregnant women
- The sick
- Physically Challenged
- The visually impaired
The following persons may be consulted:
a.
Volunteers at the polling stations
b.
Security officers
c.
Government officers deployed at the polling stations
In the election to constituent assembly election, provision
has been made for two different kinds of ballot papers. Light blue ballot
papers will be used for the First Past the Post System and pale red ones will
be used for proportional Electoral system.
-
- First, the light blue
ballot papers will be given out for voting under the First Past the Post
system. - When the first ballot
has been cast, pale red ballot papers will be given out to cast the vote
for the political parties, under the proportionate electoral system.
- First, the light blue
- Where and how should the ballot paper be
stamped by the voter?- A voter will use the
Swastika stamp on the ballot paper to cast vote. - A voter has to stamp
the swastika in the box indicating one's desired candidate in the First
Past the Post System, and stamp the box indicating one's favoured
political party for the proportionate system. - A voter has to stamp
the swastika in the box indicating one's desired political party in a
secret chamber at the polling centre. - A voter must be
especially careful that no one else has an idea about for whom or which
party the ballot has been cast.
- A voter will use the
IMPORTANT: Only a single stamp must be placed on one ballot paper.
- Where should the stamped ballot paper be
dropped?- After stamping the
ballot paper, the voter must fold the paper carefully and drop it into a
ballot box with a light blue sticker, reading no.1 under the First Past
the Post System. - The ballot paper must
be dropped into the ballot box with a pale red sticker reading no.2,
under the proportionate electoral system.
- After stamping the
A vote will be annulled under the following circumstances:
-
- Absence of signature
of the concerned Election Officer. - If the ballot is not
cast as directed or if any other stamp is used on the ballot paper. - If the election symbol
on the ballot paper is not clearly indicated when stamping. - If the stamp has been
placed in any other space, other than the one indicating the candidate or
political party. - If the stamp does nto
clearly indicate which political party or candidate the vote has been
cast for. - If a voter returns the
ballot paper to the Election Officer after deciding not to vote. - If the ballot has been
cast in favour of more than one candidate or political party. - If the vote has been
cast on a ballot paper, other than the one issued for a particular
polling station. - If a ballot paper
other than the one issued by the Election Commission is used. - If ballot paper other
than the one issued for the particular constituency is used. - If the voter decided
to revoke the vote and returns one's ballot paper to the election
officer.
- Absence of signature
The votes are counted in District headquarters. Once the
ballot boxes have been collected from all the polling stations, the Election
Officer must publish a notice on the location, date and time for the counting
of votes.
As far as possible, counting for both FPTP and proportional election votes must
begin at the same location and time. If it is not possible to begin at the same
time, the FPTP counting will begin first. After the job has been completed, the
phase for the counting of votes under the proportional election system will
begin.
- Who are allowed to be present during the
counting of votes?- Political parties,
candidates, their representatives or vote counting representatives may be
present at the time of counting. - Election employees,
security officers and - Observers
- Political parties,
- What are the rules to be followed by the
political parties and candidates or their representatives at the time of
vote counting?- Be present according
to the vote counting schedule. - Assist in maintaining
a peaceful environment at the counting centres. - Follow directions and
decisions of the Election Officer. - Abide by all-party
consensus - Sign the affidavit of
the time the counting started and ended. - To accept positively
the results of the vote counting.
- Be present according
NOTE: The counting of votes will not be disrupted due to absence of
political party or candidate representatives.
The counting of votes of the FPTP system is conducted at
respective district headquarters. The result is announced by the Election
Officer.
The counting of proportionate elections takes place at respective District
Headquarters. The Election Officer has to forward the total count of votes
received by every political party, to the Election Commission. The Election
Commission prepares a list of the overall count results received from different
district headquarters. Depending on the number of votes won by different
political parties, the candidates recommended by the parties central committees
in the closed list are declared elected by the Election Commission.
Election Commission will be responsible to look into the
matter to ensure that the nomination from the closed list has correct proportional
representation.
- How will the decision be taken if it is
found that the closed list submitted by a party does not consist of
proportional representation?- Election Commission
will sent a letter to the party, if it is found that the closed list
presented does not confirm a proportional representation. The party wil
be asked to furnish a corrected list of candidates. - Within three days
since the letter is received, the political party must furnish an amended
version of the closed list. - If proportional
representation is not found in even in the amended list, Election
Commission will declare the seats in favour of a proportion from within
the list presented after amendment. - Commission would
accept up to 10% increase or decrease from the total community in terms
of proportion when declaring the name of the winner candidate.
- Election Commission
Miscellaneous
In order to make the polls impartial, free and peaceful,
the following arrangements have been made by the commission.
-
- Provision of Election
Monitoring Team - Provision of National
as well as International Observation - Provision for
involvement of the United Nations in the process of elections to the
Constituent Assembly - Provision for
Monitoring of Security Provision and Code of Conduct for Elections - Full compliance with
Act, Law and Code of Conduct related to the elections
- Provision of Election
Code of conduct is a legal limitation to be strictly followed
by political parties and candidates, individuals related to them, government
and media, government organizations and corporations, employees, government
employees involved in elections and the government side. Code of conduct is
essential to conduct polls in a healthy environment, to prevent abuse of
government means and resources, and to conduct the elections in a free,
transparent and reliable way ensuring that it is not extravagant. It is the
duty of all concerned to comply with the election code of conduct.
- What will happen if the election codes of
conduct isn't followed?- The commission will
direct the concerned side to stop or to terminate such activities if any
non-compliance or breach of the election code of conduct is found.
Commission may penalize, respective party, candidate, organization,
official or agency which doesn't act according to the direction and also
impose a fine of hundred thousand rupees. - The commission can
annul candidature if it finds repeated violation of the code of conduct,
likely to affect conduction of the polls in a free and impartial way. - Departmental actions
will be taken against government employees appointed in the elections by
the authority as per respective service's prevailing law - Besides these, any
employee or official found acting against prevailing election law and
direction of the election commission will be recommended to respective
body for departmental action as per prevailing law, and the respective
body should write to the commission informing about the departmental
action taken.
- The commission will
- How is the code of conduct implemented?
- The Code of Conduct
will be implemented from the date set by the Election Commission. The
commission can set up district, area and central level monitoring teams
as per requirements - Information related
to breach of code of conduct should be brought to the attention of
election officer or district election office or monitoring teams of the
election commission. - In case of receiving
of information/application related to breach of code of conduct, District
Election Office or Office of Election Officer should write to local
administration or police to prevent activities breaching code of conduct - Local administration
and Police should immediately initiate action to prevent activities
violating code of conduct if the information is brought to their
attention. - The Election
Commission can direct concerned political party, candidate, individuals,
organization, officials or agencies to stop or terminate such activities
if anyone is found non complying with breaching the code of conduct
during observation or monitoring phase.
- The Code of Conduct
The following criminal or unruly activity that affects
freedom, fairness and impartiality of the elections is considered to be
electoral offences. The acts of indulging in electoral activities are legally
prohibited and violators would be prosecuted. Mainly the following activities
are considered as electoral offences:
-
- Unauthorized voters
aren't allowed to caste votes - Voters shouldn't be
brought under any kind of impression in any way - Activities to mar the
reputation of a candidate or his/her family members. - Publicity of
activities that are not permissible by law - Giving or receiving
of bribe. - Election officers
creating unfavorable impact on the election - Violation of peaceful
environment - If anyone other than
security personnel is found carrying weapons - If anyone involves in
prohibited activities and behaves in an unacceptable manner - If anyone involves in
illegal exchange of ballot paper. - If election campaign
breaches the Code of Conduct - If anyone tries to
enter polling booths illegally and creates obstruction in vote counting. - If anyone breaches
confidentiality - Use of vehicles other
than legally allowed - Involvement in
corrupt practices
- Unauthorized voters
- What are the provisions for legal actions
against electoral offences?- After complaints of
violation of Code of Conduct is lodged, the guilty side will be
prosecuted as per the order of the election officer, district election
officer, and monitoring team set up by the commission. - Local administration
or police should prosecute violators if they receive a written order to
do so - Anyone found
indulging in electoral offences may be imposed a fine of up to rupees ten
thousand to fifty thousand rupees or may be sentenced to imprisonment for
2 years or may face both the penalties according to Section 3 of the
Election (Offences and Punishment) Act 2063. - Individual found
indulging in performing or ordering of electoral offences, helping or
discouraging is liable to face 50% of the above mentioned punishment.
- After complaints of
The constituent Assembly court is set up according to Act 112
of the Constitution by the Government of Nepal in consultation with the Supreme
Court to look into cases related to elections.
The court will start working only after the Constituent
Assembly poll is held.
Reference for further information on above mentioned topics can be obtained
from the following books and sites
-
- Interim Constitution
of Nepal,
2063 - Constituent Assembly
Member Election Act, 2063 - Constituent Assembly
Member Election Regulation, 2063 - Constituent Assembly
Court Act,2063 - Election Commission
Act, 2063 - Election (Offences
and Punishment) Act, 2063 - Election Code of
Conduct - Voters' List Act/
Regulation 2063 - www.election.gov.np
- Interim Constitution
- admin's blog
- Login or register to post comments
Recent comments
4 days 3 hours ago
4 weeks 2 days ago
6 weeks 1 hour ago
7 weeks 1 day ago
7 weeks 2 days ago
7 weeks 2 days ago
7 weeks 5 days ago
8 weeks 1 day ago
8 weeks 1 day ago
8 weeks 1 day ago