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Legal Framework Governing Elections in Nepal

Order Relating to Monitoring of Election to Members of Constituent Assembly, 2064(2007)

In exercise of the powers conferred by Section 45 of the Election Commission Act, 2063(2006), the Election Commission has, for the purposes of Section 7 of the said Act, issued the following Order Relating to Monitoring of Election to Members of Constituent Assembly, 2064(2007), in order to monitor the activities relating to the election in the election constituencies for holding the election to the Members of Constituent Assembly in a fair, impartial, independent, transparent and reliable manner, to make coordination among various bodies, monitor the implementation of the election code of conduct and act as the bridge between the Commission and the district level.

Formation of monitoring team:
1. The Commission may form and depute a monitoring team consisting of one or more than one member, as required, under the convenorship of a civil employee of the Government of Nepal in every election constituency or district.
2. If the Commission considers it necessary to depute a monitoring team for any special work in any election constituency, it may depute a separate monitoring team consisting of one or more member specifying such work, in addition to the monitoring team referred to in paragraph (1).
3. The monitoring team formed pursuant to paragraphs (1) and (2) shall be responsible to the Commission.
Functions, duties and powers of monitoring team:

The functions, duties and powers of the monitoring team shall be as follows:
1. To monitor whether or not election canvassing is being carried out in the constituency/area assigned to the team for monitoring, in accordance with the prevailing laws;
2. To monitor whether or not the code of conduct issued by the Commission has been enforced and observed in the constituency/area assigned to the team;
3. To monitor whether or not electoral activities have been carried out in a fair, impartial, independent and transparent manner in the constituency/area assigned to the team;
4. To immediately punish any person who is found to have committed any such offense, out of the offenses set forth in the Election (Offenses and Punishment) Act, 2063(2006), as, in relation to which, punishment has to be imposed immediately by the monitoring team;
5. To monitor whether or not any person has, by showing any kind of fear, threat or terror or otherwise making undue influence, done any act affecting the impartiality and independency of acts relating to election or polling at any polling station;
6. To monitor whether or not voters are allowed to vote freely and smoothly;
7. To monitor whether or not counting of votes is being carried out fairly and impartially in accordance with the prevailing laws;
8. To monitor whether or not political parties and candidates are allowed to make canvassing smoothly;
9. To monitor whether or not observers are allowed to carried out monitoring;
10. To monitor whether or not means and resources required for election are available and monitor the situation of management of the available means and resources;
11. To monitor aspects such as preparation of election, deputation and management of employees in the assigned election constituency;
12. To inquire into such matters as conducting re-polling or cancellation of polling at the polling station as specified by the Commission and make a report thereon;
13. To monitor whether or not the provision for security of candidates, voters, polling stations and places for counting of votes is reliable and adequate, and monitor about the overall situation and condition of security;
14. To provide necessary assistance to the returning officer or district election office;
15. To monitor whether or not the employees involved in election have performed and exercised their functions, duties and powers in accordance with the prevailing laws; (
16. To send report to the Commission on a regular basis and perform certain other functions as directed by the Commission.
Period of monitoring:

In forming a monitoring team, the Commission shall specify the tenure of such monitoring team.
Procedures for monitoring:
1. In carrying out monitoring, the monitoring team shall follow the following procedures:
  1. To inquire into the complaints received;
  2. Site observation;
  3. To directly visit representatives of political parties, candidates, voters, security personnel, observers and employees engaged in election and receive information from them;
  4. To inquire into the matter if any information is received through any means of communication, verbally or through electronic media;
2. The monitoring team shall submit a report on monitoring carried out by it to the Commission on a regular basis.
3. In relation to any matter falling under the domain or jurisdiction of another authority, the monitoring team has to settle the matter by making necessary coordination with the concerned authority.
4. The monitoring team shall perform its functions in close contact with the returning officer and the District Election Office.
To issue order: The monitoring team may, based on its monitoring, give necessary order to any party related with the election in order to hold election in an impartial and fair manner.
To observe order of monitoring team: It shall be the duty of the representatives of the concerned party, candidates, security personnel, voters and employees related with the election to observe any order given by the monitoring team in order to hold election in an impartial and fair manner.
Facilities: The facilities to be receivable by the member of the monitoring team shall be as specified by the Commission.