Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules e . Other
Comments: Constitution of Nepal 2015, Election Commission Act 2017, Voter Roll Act 2073 (2017), Law of the Elections of the House of Representatives 2017, Constituency Delimitation Act 2017, Election ( Offence and Punishment) Act 2017, State Assembly Member Electoral Act 2074 (2017), President and Vice-President Electoral Act 2074 (2017), National Assembly Member Electoral Ordinance 2074 (2018), Political Party Act 2073, Local Level Electoral Act 2073 (2017),
Election Commission Rule 2073 (2017), Regulations Relating to Political Party 2074 (2017), National Assembly Member Electoral Rule 2074 (2018), House of Representative Member Electoral Rule 2074 (2017), State Assembly Member Electoral Regulation 2074 (2017), Local Level Electoral Rule 2073 (2017)
Election Code of Conduct 2015.
Source: The Constitution of Nepal, 2015 www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
All the Acts and Regulations http://www.election.gov.np/election/np/election-related-laws-150.html
Verified: 2018/04/06
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments: The Election Commission shall, subject to this Constitution and the Federal law, conduct,
supervise, direct and control the election to the President, Vice-President, members of the Federal Parliament, members of State Assemblies and members of Local level. For these purposes, the Election Commission shall prepare electoral rolls.
Source: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np (2012); The Constitution of Nepal, 2015 Article 246 (1) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Each citizen of Nepal who has completed the age of 18 years shall have the right to vote in any one election constituency as provided for in the Federal law.
Each citizen of Nepal who resides within the territory of the State and who has completed the age of 18 years shall have a right to vote in an election constituency in accordance with law.
Every person who has completed the age of 18 years and whose name is included in the electoral rolls shall have a right to vote as provided in the Federal law.
Source: The Constitution of Nepal, 2015, Article 84 (5), 176 (5) and 222 (5) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: If, after nomination of candidacy for the President, Vice-President, member of the Federal Parliament, member of State Assemblies or member of Local level has been filed before the election results are declared, the Election Commission shall decide that question on qualification of candidates.
If a question arises as to whether any member of the Federal Parliament is disqualified or has become disqualified, the Constitutional Bench of the Supreme Court gives final verdict.
If a question arises as to whether any member of the State Assembly is disqualified or has ceased to possess any of the qualifications, the Constitutional Bench of the Supreme Court
shall make the final decision of such question.
In the case of electoral dispute during elections, the High court will be the hearing court for all elections including Federal Parliament and State Assembly Elections.
Source: Election Offence and Punishment Act 2017 Chapter 9 , Section 41 (2)Article : http://www.election.gov.np/election/np/election-related-laws-150.html; The Constitution of Nepal 2015 Article 246 (3), 90 and 181 Article www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
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