The Election Commission, in exercise of the powers conferred by
Section 24A of the Election Commission Act, 2047, has promulgated this Code of Conduct.
In order to render the election free, fair and impartial, it is
expedient to make it less expensive, non-pompous, free from undue competition curb any
misuse of power and to conduct it without any interference in the rights and normal life
of the people in general. So, for the purpose of achieving this objective, a significant
responsibility lies with the political parties, independent candidates, His Majesty’s
Government, and all governmental and semi-governmental entities, in addition to the
Election Commission. Hence, in order to conduct and get conducted the election and its
campaign in a healthy and disciplined manner, this Code of Conduct has been framed
following discussions with His Majesty’s Government and various political parties.
It shall be duty of His Majesty’s Government, officials of all
governmental and semi-governmental entities, political parties, the candidates of the
political parties, independent candidates, to abide by this Code of Conduct.
This Code of Conduct shall come into force upon announcement of the
polling date.
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Conducts of the Political Parties and their Candidates
While conducting the election campaign, the political parties,
candidates of the political parties and the independent candidates shall observe and
require others to observe the following conducts.
No publicity shall be made or allow others to do so which would
adversely affect the nationality, independence, indivisibility and sovereignty of Nepal,
and which would be contrary to multiparty-democracy, parliamentary system, and the
constitutional monarchy,. .
No publicity shall be made which would generate hatred, jealousy,
contempt and hostility amongst different religion, sect, caste, creed, and community.
Similarly, the voters shall not be induced to cast their votes on the basis of religion,
cast, creed and language.
No publicity shall be made or allow others to do so, which would cause
character assassination of the candidate and his family members.
No political party and its candidate shall encroach upon other's
democratic rights, and the language to be used in the publicity campaign shall not be
immodest and impolite.
No political party and its candidate shall take out procession, shout
slogans or conduct publicity campaign of any nature commencing from 48 hours prior to the
polling date till the completion of polling.
No poster, pamphlet or handbills of publicity shall be pasted or allow
others to do so and no enamel and other colour paints shall be used to inscribe or be
inscribed in any religious, archaeological, historical edifices and monuments.
No poster, pamphlet or handbills of publicity shall be pasted or allow
others to do so and no enamel and other colour paints shall be used to inscribe or be
inscribed in any private residence, shop, wall or any other similar places without
obtaining written permission of the owner. The Commission may, if it deems necessary, ask
to show such permission. No political party or any candidate shall remove or tear off or
deface by any other means the posters or handbills or election symbols, nor superimpose
over other political party's or candidate's posters, nor shall it require others to do so.
The concerned political party or the candidate shall clean-up such posters, handbills and
election symbols after the election.
Nobody shall destroy or obliterate, smear or alter by any means the
notices or election publicity materials distributed by the Election Commission.
No banner made of red cloth or any other kind of cloth shall be used
for publicity campaign nor shall require others to do so.
For publicity purposes, pamphlets of 6"x10" size printed in
paper of 60 grams in maximum and posters of 18"x 22" size only can be used. Such
poster and pamphlets should be printed only in a single colour and the name and address of
the printer shall be printed mandatory on such posters and pamphlets.
A candidate shall not be allowed to use in one constituency more than
three vehicles, in the type of bus, truck, car and tractor. Similarly, a candidate cannot
use more than three loud-speakers in one constituency.
While using any loud speaker, radio, cassette and other similar kind of
sound amplifier, these instrument shall not be used in a manner to hinder others or create
disturbance in public peace and order. Even within permitted range, it shall not be used
at other time except from 7 a.m. to 9 p.m. While using such sound amplifier, it shall not
be used continuously at a single place, other than at a general public meeting.
No general public meeting, people's meeting or corner meetings and
procession shall be conducted at any other time except between 7 a. m. and 9 p.m. No torch
procession or any procession equipped with arms and ammunitions shall be allowed.
While organising any procession, rally or general public meeting, the
local administration shall be duly notified or contacted.
It being the duty of all to render necessary assistance to and maintain
co-operation with employees on election duty and security officers to enable them to
observe their duty, nobody shall deflect them from performing their duty under any kind of
fear or threat or under any duress or coercion or use of force or through any temptation.
Nobody shall compel the voters to cast their votes against their will
by using fear, threat or temptation or coercion or requiring to take oath.
Nothing shall be pasted or written or require others to paste or write
at any place prescribed as a Polling Centre and around its periphery. If any object of
publicity is found therein, the concerned candidate shall cause it to be removed before
the polling his held.
No hindrance of any kind shall be placed or any detention shall be made
in order to deprive the voters from the act of voting.
No candidate, or his representative, or his worker or any other person
shall, with the use of force, fear, threat, coercion or temptation, capture the polling
centre or polling sub-centre, nor shall forcefully capture, snatch, destroy the ballot box
or ballot paper or polling materials.
While filing the nomination papers, no political party or candidate
shall enter with the procession within the area specified by the Election Officer.
No. rally of truck, tractor, bus, rickshaw, motor, car and motorcycle,
other than cycle, shall be used..
The voters shall not be transported in bus, truck, jeep or any other
means of transportation on the day of polling.
The candidate shall not use or make others to use more than one vehicle
on the day of polling.
No political party or candidate shall arrange or require others to
arrange any feast with intention to influence the voters.
The task of polling and counting of votes shall be allowed to be
performed without any hindrance at all places and it shall be the duty of all concerned to
create appropriate environment conducive for the same.
Each political party or the candidate shall provide adequate knowledge
of this Election Cods of Conduct to its cadres and supporters and shall require them to
abide by it. The concerned candidate shall be responsible for its implementation.
Every candidate shall, in course of election activities, completely
abide by the provisions of Acts, Rules, Orders and Directives relating to election,
including Election (Offences And Punishment) Act, 2047, during the election.
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Election Expenditure
While conducting the election campaign, the political parties, candidates of the political
parties and the independent candidates shall observe and require others to observe the
following conducts.
The expenditure in respect of election activities should be limited within the ceiling
prescribed by Commission.. For this purpose, the particulars of expenditure should be
maintained in its entirety in the form determined by the Commission as provided in
Appendix (A). Such particulars covering a period of every 15 (fifteen) days should be
submitted to the designated officer within three days of the expiry of such period.
In view of the number of voters, remoteness of geographical areas, the availability of
means and resources etc., various districts of the Kingdom have been divided into four
categories, as mentioned in Appendix (B), for the purpose of prescribing the ceiling of
expenditure for election.
The detailed expenditure in respect of the means of transport used during the election
campaign and on other items of expenditure shall be maintained according to the rate fixed
by the Commission, as shown in Appendix (C).
Every candidate shall incur election expenditure either by himself or through his
representative only. The Commission may require to conduct an inspection or scrutiny of
the details of such account through a designated institution, agency or person.
The candidate shall, while submitting the account of election expenditure, also include
the amount expended for him by his political party or by any other source. Such amount
shall be accounted within the maximum ceiling for election expenditure.
The political parties shall maintain the particulars of expenses incurred on behalf of
their candidates and shall submit such details to the Commission.
If, contrary to this Code of Conduct, any banner is hung or any inscribing is made on the
walls by enamel or any other colour, or any hand-bills or pamphlets are pasted therein,
the Election Officer may order the concerned person to erase or remove them. If the
concerned person does not erase or remove them, the local administration shall have them
erased or removed on its own and the expenses so incurred shall be required to be paid to
the authority designated by the Commission. Such expenditure shall be added to his
election expenditure.
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Conduct of His Majesty's Government
Public Media
The public media (audio, video and printing) under His Majesty's
Government shall, while operating their programmes, conduct in the following manner :
It shall operate the program with full impartiality and temperance
without prejudice of any kind towards any political party or candidate. While assigning
opportunity to the political parties who have raised their candidates, in order to present
policy, programs and views of their party to the voters, they shall do so on the basis of
a clear and judicious criterion
They shall disseminate as much as possible such audio, video and
written materials which would encourage the voters to cast their votes without any
apprehension.
They shall not disseminate such material which may arouse the voters
with the bias of religion, sect, region, caste, creed or language, nor which may generate
in the peoples' mind acts of violence, sensation, terrorism, hostility and confusion.
While reporting, editing or captioning any news, or publishing any
picture or cartoon, or while publicising through editorial, comment, report, description,
discussion, analysis, feature articles, question-answers, and other similar audio, video
or written materials, they shall not act in a manner which may incite the voters to vote
in favour of any political party or candidate
The concerned entity shall preserve the recorded cassettes or the copy
of materials as mentioned in paragraph 4 above and shall provide the Commission, when
demanded, with such cassettes or copies of materials.
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Other Governmental Policy, Programme and Services
Any activities relating to the laying down of foundation-stone or
inauguration, or approval, commencement, survey of any new plan or programme, initiation
of any study or releasing any grant therefor, and similar other measures shall be avoided.
His Majesty's Government or any authorised official shall not use or
require the use of employees of His Majesty's Government or of the government owned
corporation, institution or committee on the publicity activities in favour of any
political party or candidate, nor shall they be engaged in any activity which may affect
the outcome of the election.
No vehicle, other facilities or property of His Majesty's Government,
or corporation, institution or committee under the ownership of His Majesty's Government
and other autonomous body shall be used on the activities of any political party or
candidate.
No building, guest-house, open-ground, play-ground, meeting hall or
other similar means and facilities of His Majesty's Government, or of corporation,
institution or committee owned by His Majesty's Government or of other autonomous body,
shall be allowed to be used by any political party or candidate or by any other person
engaged in the publicity activities of any political party or candidate.
The Minister or advisors of His Majesty's Government shall not use, nor
allow to be used, their vehicles, other utilities, facilities and resources on publicity
activities of any political party or candidate.
Provided that, considering the official responsibility and security of
the Prime Minister, such restrictions shall not be applicable in respect of the use of his
governmental vehicle during his visits.
Excepting where any employee is required for the purpose of conducting
election, no employee shall be recruited or transferred or otherwise deputed in any vacant
position, without prior permission of the Commission, after the announcement of the
polling date. Similarly, no new position may be created, nor any increment in salary or
allowance or grade, or any reward or other similar privileges or facilities may be
conferred..
All sale, distribution and consumption of alcoholic drinks shall be
prohibited during three days prior to the commencement and three days after termination of
polling.
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Miscellaneous
The Commission may conduct or require to be conducted investigation and
follow-up, as deemed necessary, in order to ensure whether this Code of Conduct has been
is followed or not..
If it is observed, known or heard that the Code of Conduct has been
violated, the concerned Election Officer shall immediately take necessary action for its
prevention. For this purpose, necessary co-operation of the local administration and local
police may be procured and it shall be the duty of the local administration and police to
render such assistance.
If any violation of the Code of Conduct is observed or detected, the
local administration or police themselves shall immediately take necessary action to
prevent its commission and the Election Officer shall be informed thereof. If the
concerned person refuses to cease such act, the administration or the police shall take
necessary action according to the existing laws and inform the Election Officer.
The Election Officer shall immediately despatch all information
obtained according to paragraph 3, to the Election Commission.
In the context of by-election, this Code of Conduct shall be applicable
only within the constituency where the by-election is being held.
Published in the Nepal Gazette dated 2053 Mangsir 23 (December 8,
1996)
Any candidate can file a petition against his rival accusing him of
making false declaration of name, surname, age using endue influence, character
assassination, making illegal publicity or giving bribes or influencing the process of
election or carrying arms or of illegal supply or receipt of ballot papers or obstructing
in election work.
Complaint can also be filed against the Returning officer for wrongful
acceptance or rejection of nomination paper, for wrongful counting of votes and for
wrongful declaration of result.
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