Election Commission of Nepal

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Acts, Rules & Regulations

Salient Features of Election Commission Act, 2063

Commission may form groups comprising the office bearers or employees of the commission, Government employees or experts to monitor or to have monitored polling, counting of ballot or other activities related to election.
Commission may issue permission to native or foreign persons and organizations to observe activities like voting, counting of ballot or other activities related to election, on the basis of experience and credibility. The observers will be expected to abide by the Observation Policy and the code of conduct and to submit a report upon completion of the task.
Commission may seek assistance from experts for its activities. Additional facilities may be provided to the employees involved in election related activities, including the insurance of employees and security personnel for the period of elections.
If the Commission is convinced that certain activities regarding election have not been free and fair, it may annul the ballots at a particular polling centre or at all the polling centers, depending on the situation.
Commission will be in a position to make decisions about cases where the candidate is deemed disqualified according to Article 65 of the commission, even though the candidacy has been filed for election to the constituent assembly.
The parties seeking legitimacy for elections must file their applications with the Election Commission within the stipulated time as mentioned by the Commission.
Once this Act comes into force, a political party that has been registered once, will not have to register itself again as long as the registration is valid.
More than one political party will not be registered under the same name.
Commission will be responsible for settling of disputes regarding legitimacy of political parties registered at the Election commission.
In order to maintain fairness, impartiality, transparency and fearless environment, in any election, the Election Commission may draft a code of conduct to be abided by the government, office and employees of the government and semi governmental bodies, professionals involved in election, political parties, candidates and persons related to them and to the mass media at the governmental and private sector. Concerned stakeholders will be consulted during the preparation of the Code of Conduct.
If one does not abide by or has violated the code of conduct, the Commission shall order the concerned political party, candidates and persons, organization, official or body a fine not exceeding one hundred thousand rupees, according to the Act. In the case of a civil employee, departmental action shall be taken as per the Act and Rules applicable to the concerned employee.
The employees serving in governmental office, local body or body or organization owned or controlled by the government of Nepal, the person stationed at police or military barrack or cantonment or prisoners or detainees shall have the right to cast vote for PR Electoral System.
If a person who possesses the qualification to become a voter pursuant to the Electoral Rolls Act and has obtained a citizenship after publication of the final Electoral Rolls Pursuant to this act is not registered in the Electoral Rolls, s/he may file an application to the chief Name Registration Officer within the time frame fixed by the Commission, for the inclusion of his or her name in the Electoral Rolls.
Commission may impose a fine of up to a hundred thousand rupees on political parties, candidates, persons, organizations, office bearers or bodies if they breach the Code of conduct.
Commission may annul the candidacy of a candidate if it believes the breach of code of conduct by the candidate would hinder free, clean and fair election.
Commission may restrict the amount to be spent by the parties or the candidates for election campaign. A fine may be imposed if the limitation is exceeded.
The parties and candidates have to present the details of the election campaign spending within 35 days from the announcement of the election results.
Commission may run or cause to be operated Voters awareness program as and when necessary, in order to provide voters with information about the collection and updating of Electoral Rolls, method of polling in an election and the right of voters.
Departmental action may be sought on the employee or security personnel who exhibits ill-intention regarding the election activities.
Commission must make public an annual report of its works.

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Latest Updates

2009-06-18 — Press Release
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2009-06-03 — Press Release
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