As per the Interim Constitution - 2063, there shall be an Election Commission of Nepal consisting of a Chief Election Commissioner and the number of other commissioners will be up to four. If apart from the Chief Election Commissioner other elections commissioner appointed, the Chief Election Commissioner shall act as a chairman of the Election Commission. The President shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and other Election Commissioners.
The term of office of the Chief Election Commissioner and other Election Commissioner shall be six years from the date of appointment. But, if his/her term gets expired, the Chief Election Commissioner or an Election Commissioner shall be deemed vacant in the following circumstances.
No person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner unless he/she
- If he/she submits resignation to the President or
- If his/her term expires or he is removed from his office or
- If he/she dies
A person once appointed to the office of Chief Election Commissioner shall not be eligible for the appointment in other government service.
- hold a Bachelor's degree from a University recognised by Nepal government
- is not a member of any political party immediately before the appointment and
- has attained the age of 45
- has a high morale
However, nothing shall be a bar to appointment of an Election Commissioner of an Election Commissioner as Chief Commissioner is so appointed as the Chief Commissioner, his terms of office shall be computed as to include his terms as Commissioners.
Besides, shall be a bar to a political nature or to any position which has the responsibility making investigations inquiries or findings or any subject or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.