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Legal Framework Governing Elections in Nepal

Laws Relating to Elections

Election Commission Act
A Bill Made to Amend and Consolidate Laws relating to the Functions, Duties and Powers of the Election Commission. Certification date: 2063/12/12 (March 26, 2007). Act No. 1 of the Year 2063 (2007) enacted by the Legislative-Parliament.

The Act describes the structure and functions of the Election Commission, including the Secretariat at the central level and the local offices at the district level and the duties of the Chief Election Commissioner, Election Commission Secretary and other employees, including Name Registration Officers, Electoral Rolls, Enumerators, Returning Officers, and Polling Officers. The Act explains the authority of the Election Commission to employ additional government officers and utilize government owned resources to carry out the act of election.

The Act describes the authority of the Election Commission with regard to Political Party Registration and explains provisions for the registration of political parties for the purposes of participating in elections. The act also describes the authority of the Election Commission to permit domestic and international organisations to observe election related activities and the procedures required to obtain the status of election observers.

The Act explains the authority of the Election Commission to develop codes of conduct, which are required to be abided by all stakeholders in the election process. The Act also explains the Election Commission�s authority to specify the limit of campaign expenses that political parties or candidates are allowed to incur while campaigning for election. Budget management and auditing responsibilities of the Election Commission are also described in the Act in addition to the power to seek consultation, hold discussion, operate voters education and delegate responsibilities to officials or employees engaged in the act of election.

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Election to Members of the Constituent Assembly Act
An Act Made to Provide for the Election to the Members of the Constituent Assembly. Certification date: 2064/3/8 (June 22, 2007). An Act N. 2 of the year 20064 (2007) enacted by the Legislature-Parliament.

The Act explains the legal provision on elections to members of CA; electoral system and election procedures in order to constitute the Constituent Assembly with the purpose that Nepali people in exercise of sovereign and state power make a new constitution for themselves. The Act explains the types of electoral system (First Past the Poll and Proportional) and the voting process adopted for election to the Members of the Constituent Assembly. It explains the nomination, functions, duties and powers of Officers in duty for Election, including the Returning Officers and Polling Officers. Duties and functions of Agents of Candidates are also explained in the Act.

The Act specifies the duties of the Election Commission to notify election date, time and programs, including registration of nomination papers of candidates, publication of registered candidates, filing of petitions against candidates and programs for submission of closed list of candidate. The Act also explains the nomination process of candidates for both first past the post and proportional systems and the required qualifications for the candidates.

Similarly, the process of identifying and finalizing polling stations, information about ballot paper and Ballot Box, election symbols, polling method, security measures, vote counting and process of election results and publication are explained in the Act.

The Annex (Schedule) Section in the Act provides information on percentage of candidates for closed list (women, madhesi, dalit, oppressed indigenous, backward regions), example format of ballot paper under two electoral system (first past the post and proportional system) and the electoral formula to be used in calculating the number of seats each party wins.

The Miscellaneous Section of the Act provide information on election expenses, secrecy of documents related to election, power to formulate rules, issue order, and enforce directives.

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Electoral Roll Act
The Act Relating to Electoral Rolls, 2063 (2006). Date of Certification: 2063.9.14 (Dec 29, 2006). Act No. 32 of the Year 2003 (2007).

The Act authorizes the Election Commission to carry out all functions related to the collection and updating of the Electoral Rolls and further describes the processes and procedures for collecting and updating the Electoral Rolls. Information on voter�s eligibility are also explained in the Act, as are registration procedures, residency requirements in an election constituency, application procedures for the inclusion or correction of registration details, and the requirement to show an identity card while registering. The Act goes on to describe the legal responsibility of the Election Commission and its delegated employees to ensure transparency and provide support to enable voters to exercise their rights to vote in their respective constituencies.

The Act also explains provisions, eligibility and procedures relating to temporary Electoral Rolls, offenses in regards to Electoral Rolls and subsequent punishments. The Act bestows the Election Commission the power to frame rules, prepare manuals and issue orders regarding Electoral Rolls.

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Election (Offence and Punishment) Act
The Act Made to Amend and Consolidate Prevailing Laws relating to Election Offences and Punishment. Certification date: 2063/12/12 (March 26, 2007). Act Number 2 of 2063 enacted by the Legislative-Parliament.

The act describes Election Offences, including voting by impersonation, character damage, propagation, exchange of cash or kind, disturbance of peace, use of arms, disruption of election and voting related documents, and the illegal uses of ballot papers. It also provides details on the restriction on election propagation, the prohibition on unauthorized entry or cause of obstruction of electoral activities and the prohibition on violating the secrecy of the vote.

The Act bestows power to Election Commission and its officers to arrest, punish and further investigate on matters related to election offences and lays out the procedures for such actions. Provision relating to the Invalidation of Election and Recounting of Votes and procedures in the event of equality of votes are also described in the Act.

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Constituent Assembly Court Act
The Act Made to Provide for the Formation, Jurisdiction and Procedures of the Constituent Assembly Court. Act No. 11 of the year 2064 (2007) enacted by the Legislative-Parliament.

The Act describes the process of the formation and the structure of the Court; its jurisdiction; its powers and procedures, including issuing interim and stay order, service of summons; period for completion of hearing and settlement of cases, execution of judgment; appointment, functions duties and power of the Registrar; provision of employees; dissolution of court; and power to frame rules.

Download Constituent Assembly Court Act