Constitution is the main law of the country. The country's state management runs according to this law.

Constituent Assembly is an assembly of people's representatives chosen by the people for the formation of a new constitution, as desired by the people.

Constituent Assembly Election is needed in Nepal to restructure the nation according to the aspirations of the People's movement – II, to reach a decision on the future of monarchy, to ensure democratic rule of law, to ensure proportional representation in all the bodies of state, to institutionalize the people's sovereignty and to create an atmosphere for all the citizens to exercise equal rights.

Constituent Assembly forms and implements a new constitution, that encompasses the nation and the people's aspirations.

According to Nepal's Interim Constitution 2007, the Constituent assembly will be formed through mixed election:

The one who earns the biggest number of votes from a set constituency, will be considered the elected candidate	240
The candidate elected from among the political parties through a proportional election, considering the entire nation as a single constituency.	335
The candidate nominated from among the national icons by the interim cabinet on the basis of consensus.	26
Total number of members	601

The first meeting of the constituent Assembly will be held within 21 days from the day the Election Commission declares the result of the Constituent Assembly Election. The meeting of the Constituent Assembly will be held as scheduled by the Head of the Assembly. Similarly, at least least ¼ of the Constituent Assembly members have to call for a meeting, for it to materialize. The head of the assembly must summon the meeting within 15 days after receiving an application, calling for the meeting, also stating its need.

The Constituent Assembly will be elected to stay in office for a period of two years in Nepal. A provision has been made to add a period of 6 working months to the Assembly in case the constitution drafting is incomplete due to declaration of emergency in the nation.

Inclusiveness in Constituent Assembly Election denotes the process of including the classes or regions that are backward due to economic, political, geographical, gender, social or other causes and participation of those who have been left out of the nation's mainstream or those who have been deprived of a role.

• To nominate candidates for the First Past the Post system on the basis of gender, geography and population,
• Poportional representation of women, Dalits, the oppressed class, indigenus, backward groups, Madhesis and others in the selection of political party candidates for proportional election.
• A minimum 50 % representation of women from every group

• Every proposal or bill presented regarding the Consituent Assembly has the provision of being passed on the basis of voting.
• If a consensus is not reached on a proposed bill or any of the articles, consultations will be held between the political parties respresented in the Constituent Assembly, so as to arrive at an accord.
• A second round of voting on the proposed bill or articles of dissent, will be held after the consultations have been held.
• Voting by 2/3 majority, in the presence of 2/3 representation of all the total members of the Constituent Assembly shall take place to endorse the bill, if even the second round of voting fails to strike an accord.
• If all the members vote for the motion, it is understood that a consensus is struck.

The Chairman and Vice Chairman of the Constituent Assembly are elected from among the members of the Constituent Assembly. The candidates for the post of Chairman and Vice Charmand should represent different political parties.

During the period of Constituent Assembly, the assembly will assume responsiblities of both the Constituent Assembly and the legislative- parliament. The provision to form a separate committee to conduct the functions in the regular statue of the legislative parliament exists. When doing the work under the legislative parliament, the Chairman of the Constituent Assembly and the Vice Present will function as the Speaker and Deputy Speaker of the legislative parliament, respectively.

The present Secretariat of the legislative-parliament will manage the functions of the Consituent Assembly, performing the job of its Secretariat.

With the first meeting of the Constituent Assembly, the tenure of the interim legislature will automatically end. All the rights vested in the interim legislature will be transferred to the Constituent Assembly from its first meeting onwards.

The majority representation for the Constituent Assembly meeting to convene, must be at least ¼ of the total number of the Constituent Assembly members.

• To function as the legislative parliament
• To prepare and endorse the report of the Consitution
• To decide on opting for referendum as a means to settle decisions on disputed issues
• To decide on monarchy.

If 2/3 majority of the Consitutent Assembly members decide that a certain issue is an issue of national contention, which calls for referendum to make the decision, it is possible to hold referendum to settle such an issue.

Election is the procedure of exercising one's suffrage right to elect a candidate of one's choice.

The following are the foundations of an authentic election:

• The voters must be able to cast their ballot without any fear.
• Elections have to be free, fair and impartial.
• The candidates must be able to campaign in a terror free environment,
• All those involved in the process of election must be able to experience security and all the activities within it must be impartial.

Following are the yardsticks to measure free and fair elections:

• Voters are not deprived of their human rights and basic freedom before, at the time of and after the election.
• Every voter must have the freedom to keep one's vote confidential.
• When the voters have information on the candidates and the electoral procedure.
• When the civil society is able to conduct awareness programs on election, freely.
• When all those who have reached the correct voting age have been granted the right of inclusion on the voters' list.
• When all the citizens, political parties and candidates have the freedom of expression, to assemble or to open parties.
• Whe the election procedure is free of any temptation, threats, violence, excesses or punishment.
• When media is at freedom to gather and disseminate news about election freely
• When those who have offered their candidacy for election are able to freely campaign.
• When national and international observers and mediators are able to observe the election freely.
• When the role of the office bearers deployed in election is fair.
• When the role of the government is transparent.
• When there are no hindrances to access to the polling booths.

• Share information with other voters on voters' rights.
• Extend necessary help to the officials and security deployed to assist in elections.
• Discourage elements that may have adverse effect on elections.
• Notify the Election Commission or the officers deployed at polling centres if there are cases where the Code of Conduct has been breached.
• Attain information on one's serial number on the voting list and about the location of one's polling centre, before setting out to cast ballot.
• Arrive at the scheduled time on the day of Election and queue up to cast one's ballot in a peaceful manner
• Not to attempt to influence the ballot of others at the polling queues

• Raise awareness on election and electoral procedure.
• Help create an environment to cast the vote freely and in a terror free environment.
• Extend necessary help to employees and security personnel deployed to help in the conduction of election.
• Help with the maintaining of voters queues and conduction facilitation activities (drinking water, shelter)
• Help in the observation of Code of Conduct and its monitoring.
• Share information with the Election observation and monitoring teams to learn about the local situations
• Notify concerned authorities or the Election officials and the security if one comes to know of plans to rig the election.

• To observe and help observe rules, acts, code of conduct and directives related to election.
• Raise awareness among the voters about the electoral procedure.
• Lend necessary support to the Election officers.
• Help prevent possible irregularities in election
• Encourage healthy competition in election campaign.
• Run civil education campains raise wareness among the people on election and voting rights
• Help promote cooperation and goodwill among the political parties to make the election, free, fair and impartial.

• Maintain impartiality and fairness in all the works and functions related to election.
• Maintian patience, politness and civility.
• Equal treatment of all the people.
• Not to use onseself and prevent use of alcohol and other non- permissible items.
• Not to promote close ties with any particular party or election candidate.

Two kinds of electoral systems have been adopted for the Constituent Assembly election:

• The system in which the one leading in the vote count is elected (First Past the Post System- FPTP).
• Proporational electoral process.

One Member One constituency principle is followed in the First Past the Post System (FPTP). There could be a number of candidates in any election, conducted for any position. But a voter is allowed to cast vote in favour of only one candidate. The one who leads with maximum number of votes, is declared winner.

A proportional election is the one where voting takes place for political parties, considering the entire nation a single election constituency. The winning candidate is determined on the basis of the maximum number of votes received by the parties. Such a system is known as proportionate electoral system. For this system, the political parties must submit a closed list of their election candidates to the Election Commission. The listed candidates are declared winner, according to the number of votes earned by political parties in the election.

Under the Proportionate Electoral Procedure, any party that desires to contest the election must prepare a closed list of its candidates representing the party in the election. The parties must present the list to the Election Commission. The list must contain names of candidates comprising women, Dalits, oppressed, indigenous, backward regions, Madhesi representation. The closed list is not subject to changes.

Political parties must furnish their candidacy closed lists as follows:

SN	CANDIDATE'S NAME	MADHESI		OPPRESSED/INDIGENOUS		DALITS		BACKWARD CLASS		OTHERS
		FEMALE	MALE	F	M	F	M	F	M	F	M
1
2
3
4
5
6
7
8
9
10
.
240
TOTAL
%
POLITICAL PARTY STAMP						AUTHORIZED PERSON, SIGN.................... NAME.................... NAME OF PARTY:.................... DATE:....................
..................
Drastabya: Political parties must submit the names of candidates and groups the candidate represents clearly as shown in the above table and present it to the Election Commission. A candidate may represent more than one group.
Example: A candidate may represent women, Madhesis and Dalits. "Others" will indidate a group not mentioned in the above list. To ascertain whether or not the representation is according to the percentage reserved for a groups, the percentage column will also have to be indicated and finally added to calculate the percentage representation.

A political paty that wishes to participate in the proportional electoral system must offer candidacy for at least 10 percent membership out of the total number (335). In other words, at least 34 candidacies have to be proposed.

Two kinds of election constituencies have been formed for the election to constituent assembly:

1. 240 election constituencies according to the First Past and the Post System, where the one who leads with the maximum number of votes is elected.
2. Multi Member Single Constituency system according to proportional electoral system.

According to Constituent Assembly election Act 2007, the candidacy must be as follows from the following regions, from the total candidates raised by the political parties:

Area SQ.	FEMALE	MALE	TOTAL %
DALITS	6.5	6.5	13
OPPRESSED/INDIGENOUS	18.9	18.9	37.8
BACKWARD AREA	2.00	2.00	4.00
MADHESI	15.6	15.6	31.2
OTHERS	15.5	15.5	30.2
CLARIFICATION: Since some of the candidates represent more than one group, the total of candidates from all the groups is over 100 percent.
"Backward region" denote Accham, Kalikot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
"Others" denote groups that have not been clearly mentioned in the list.

The closed list presented at the Election Commission will be intact throught out the tenure of Constituent Assembly.

To participate in election as a candidate, one had to meet the following requirements:

• Nepali citizenship.
• Must have arrived at least 25 years of age.
• Free of criminal charges.
• Should not be in a profit making position.

CLARIFICATION: "Profit making position" means any other position besides the political party position, through which the candidate benefits by way of earning salary or other monetary facility from the government funds.

According to Consitutent Assembly Election act 2007, a person is ineligible to contest elections in the following cases:

• If his/her name is not on the voters' list
• If the candidate holds a position in any organization controlled or affiliated to the government, through which the candidate benefits by way of earning salary or other monetary facility from the government funds.
• If the person has received punishment according to the electoral laws and has not crossed two years since the punlishment.
• If punished by the country's law for corruption offences.
• Black listed on bank loan default charges.
• Mentally instable
• Considered guilty by the High Level probe commission on charges of breach of human rights and embezzlement of the government coffers to suppress the Jana Andolan II.

A candidate for the First Past the Post system will not be permissible to participate in proportional electoral system.

• Nepali citizen
• Must have arrived at 18 years of age by December 2006.
• Permanent resident of a VDC or Municipality within an election constituency.

There will be two different kinds of voters for the Constituent Assembly Election, namely, temporary and permanent.

Anyone who has arrived at the age of 18 by December 2006, is a permanent resident of a election constituency and has his/her name in the voters' list is a permanent voter. A permanent voter is elegible to cast the ballot in both First Past the Post and Proportional electoral system.

• Anyone employed in government office, local bodies or in a government affiliated organization.
• Those in police or army barrack or in the Maoist army cantonment.
• Inmates/Prisoners
• Employees or security officials deployed at polling booths.

In a proportionate electoral system, a temporary voter is elegible to vote only for political parties. But such voters are not allowed to vote in the First Past and the Post System.

• The right to vote for desired candidate or party with freedom and secrecy.
• To create an atmosphere for correct voting system.
• Right to information on the declaration letter and programs of poltical parties and candidates.
• Right to attain information about the candidate or political parties.
• Right to information on Consituent Assembly and the process of election of Consituent Assembly.

• Cast vote without anyone's fear, threat or without any temptation.
• A voter should not influence another's ballot by putting pressure.
• Not to sell one's vote.
• Not to cast vote more than once.
• Not to cast proxy vote.
• Always be aware of one's voting rights.
• Report any activity that breaches the code of conduct, to the Election Commission or those deployed on election duty.
• Not to use prohibited articles like alcohol and cigarettes at the election centre, maintain peaceful environment and queue up patiently to cast the ballot.

• Contact the Election commission, Election Officer's Office, District Electoral Office or those deployed at polling centres.
• Contact the local body officers and other government body officers.
• Contact political party workers and candidates, social workers, intellectuals and teachers.
• Folow Election related information in the media.
• Look up the Election Commission's website.

One is allowed to cast the ballot only from the polling centre where one's name appears on the voters' list.

A voter should bring along certificate of identification such as citizenship, voter's card, passport, license or land/property ownership certificate or government-issued identity card. This would assist the voter in casting the ballot conveniently.

• Queue-up for voting, verify one's name on the voters list, have the nails inked for indication and collect ballot paper.
• Make sure the Election Officer has signed the ballot paper.
• Go to the private polling booth and stamp the box indicated for one's desired candidate according to First Past and the Post System. Fold the ballot paper carefully and drop it into respective ballot box.

The visually impaired, the physically challenged or senior citizens may request assistance of a trusted person, to help them cast their vote. In such cases, the Election Officer must grant the permission for a confidant to accompany the person to the polling booth.

If a voter is unable to cast his/er ballot due to physical or any other constraints, the Election Officer must allow a confidant of the voter to accompany him/her to the polling booth to assist with casting the ballot.

The voters under the following category will be given priority during voting:

• Senior citizens
• Pregnant women
• The sick
• Physically Challenged
• The visually impaired

The following persons may be consulted:

1. Volunteers at the polling stations
2. Security officers
3. Government officers deployed at the polling stations

In the election to constituent assembly election, provision has been made for two different kinds of ballot papers. Light blue ballot papers will be used for the First Past the Post System and pale red ones will be used for proportional Electoral system.

• First, the light blue ballot papers will be given out for voting under the First Past the Post system.
• When the first ballot has been cast, pale red ballot papers will be given out to cast the vote for the political parties, under the proportionate electoral system.

• A voter will use the Swastika stamp on the ballot paper to cast vote.
• A voter has to stamp the swastika in the box indicating one's desired candidate in the First Past the Post System, and stamp the box indicating one's favoured political party for the proportionate system.
• A voter has to stamp the swastika in the box indicating one's desired political party in a secret chamber at the polling centre.
• A voter must be especially careful that no one else has an idea about for whom or which party the ballot has been cast.

IMPORTANT: Only a single stamp must be placed on one ballot paper.

• After stamping the ballot paper, the voter must fold the paper carefully and drop it into a ballot box with a light blue sticker, reading no.1 under the First Past the Post System.
• The ballot paper must be dropped into the ballot box with a pale red sticker reading no.2, under the proportionate electoral system.

A vote will be annulled under the following circumstances:

• Absence of signature of the concerned Election Officer.
• If the ballot is not cast as directed or if any other stamp is used on the ballot paper.
• If the election symbol on the ballot paper is not clearly indicated when stamping.
• If the stamp has been placed in any other space, other than the one indicating the candidate or political party.
• If the stamp does nto clearly indicate which political party or candidate the vote has been cast for.
• If a voter returns the ballot paper to the Election Officer after deciding not to vote.
• If the ballot has been cast in favour of more than one candidate or political party.
• If the vote has been cast on a ballot paper, other than the one issued for a particular polling station.
• If a ballot paper other than the one issued by the Election Commission is used.
• If ballot paper other than the one issued for the particular constituency is used.
• If the voter decided to revoke the vote and returns one's ballot paper to the election officer.

The votes are counted in District headquarters. Once the ballot boxes have been collected from all the polling stations, the Election Officer must publish a notice on the location, date and time for the counting of votes.

As far as possible, counting for both FPTP and proportional election votes must begin at the same location and time. If it is not possible to begin at the same time, the FPTP counting will begin first. After the job has been completed, the phase for the counting of votes under the proportional election system will begin.

• Political parties, candidates, their representatives or vote counting representatives may be present at the time of counting.
• Election employees, security officers and
• Observers

• Be present according to the vote counting schedule.
• Assist in maintaining a peaceful environment at the counting centres.
• Follow directions and decisions of the Election Officer.
• Abide by all-party consensus
• Sign the affidavit of the time the counting started and ended.
• To accept positively the results of the vote counting.

NOTE: The counting of votes will not be disrupted due to absence of political party or candidate representatives.

The counting of votes of the FPTP system is conducted at respective district headquarters. The result is announced by the Election Officer.

The counting of proportionate elections takes place at respective District Headquarters. The Election Officer has to forward the total count of votes received by every political party, to the Election Commission. The Election Commission prepares a list of the overall count results received from different district headquarters. Depending on the number of votes won by different political parties, the candidates recommended by the parties central committees in the closed list are declared elected by the Election Commission.

Election Commission will be responsible to look into the matter to ensure that the nomination from the closed list has correct proportional representation.

• Election Commission will sent a letter to the party, if it is found that the closed list presented does not confirm a proportional representation. The party wil be asked to furnish a corrected list of candidates.
• Within three days since the letter is received, the political party must furnish an amended version of the closed list.
• If proportional representation is not found in even in the amended list, Election Commission will declare the seats in favour of a proportion from within the list presented after amendment.
• Commission would accept up to 10% increase or decrease from the total community in terms of proportion when declaring the name of the winner candidate.

In order to make the polls impartial, free and peaceful, the following arrangements have been made by the commission.

• Provision of Election Monitoring Team
• Provision of National as well as International Observation
• Provision for involvement of the United Nations in the process of elections to the Constituent Assembly
• Provision for Monitoring of Security Provision and Code of Conduct for Elections
• Full compliance with Act, Law and Code of Conduct related to the elections

Code of conduct is a legal limitation to be strictly followed by political parties and candidates, individuals related to them, government and media, government organizations and corporations, employees, government employees involved in elections and the government side. Code of conduct is essential to conduct polls in a healthy environment, to prevent abuse of government means and resources, and to conduct the elections in a free, transparent and reliable way ensuring that it is not extravagant. It is the duty of all concerned to comply with the election code of conduct.

• The commission will direct the concerned side to stop or to terminate such activities if any non-compliance or breach of the election code of conduct is found. Commission may penalize, respective party, candidate, organization, official or agency which doesn't act according to the direction and also impose a fine of hundred thousand rupees.
• The commission can annul candidature if it finds repeated violation of the code of conduct, likely to affect conduction of the polls in a free and impartial way.
• Departmental actions will be taken against government employees appointed in the elections by the authority as per respective service's prevailing law
• Besides these, any employee or official found acting against prevailing election law and direction of the election commission will be recommended to respective body for departmental action as per prevailing law, and the respective body should write to the commission informing about the departmental action taken.

• The Code of Conduct will be implemented from the date set by the Election Commission. The commission can set up district, area and central level monitoring teams as per requirements
• Information related to breach of code of conduct should be brought to the attention of election officer or district election office or monitoring teams of the election commission.
• In case of receiving of information/application related to breach of code of conduct, District Election Office or Office of Election Officer should write to local administration or police to prevent activities breaching code of conduct
• Local administration and Police should immediately initiate action to prevent activities violating code of conduct if the information is brought to their attention.
• The Election Commission can direct concerned political party, candidate, individuals, organization, officials or agencies to stop or terminate such activities if anyone is found non complying with breaching the code of conduct during observation or monitoring phase.

The following criminal or unruly activity that affects freedom, fairness and impartiality of the elections is considered to be electoral offences. The acts of indulging in electoral activities are legally prohibited and violators would be prosecuted. Mainly the following activities are considered as electoral offences:

• Unauthorized voters aren't allowed to caste votes
• Voters shouldn't be brought under any kind of impression in any way
• Activities to mar the reputation of a candidate or his/her family members.
• Publicity of activities that are not permissible by law
• Giving or receiving of bribe.
• Election officers creating unfavorable impact on the election
• Violation of peaceful environment
• If anyone other than security personnel is found carrying weapons
• If anyone involves in prohibited activities and behaves in an unacceptable manner
• If anyone involves in illegal exchange of ballot paper.
• If election campaign breaches the Code of Conduct
• If anyone tries to enter polling booths illegally and creates obstruction in vote counting.
• If anyone breaches confidentiality
• Use of vehicles other than legally allowed
• Involvement in corrupt practices

• After complaints of violation of Code of Conduct is lodged, the guilty side will be prosecuted as per the order of the election officer, district election officer, and monitoring team set up by the commission.
• Local administration or police should prosecute violators if they receive a written order to do so
• Anyone found indulging in electoral offences may be imposed a fine of up to rupees ten thousand to fifty thousand rupees or may be sentenced to imprisonment for 2 years or may face both the penalties according to Section 3 of the Election (Offences and Punishment) Act 2063.
• Individual found indulging in performing or ordering of electoral offences, helping or discouraging is liable to face 50% of the above mentioned punishment.

The constituent Assembly court is set up according to Act 112 of the Constitution by the Government of Nepal in consultation with the Supreme Court to look into cases related to elections.

The court will start working only after the Constituent Assembly poll is held.

Reference for further information on above mentioned topics can be obtained from the following books and sites

• Interim Constitution of Nepal, 2063
• Constituent Assembly Member Election Act, 2063
• Constituent Assembly Member Election Regulation, 2063
• Constituent Assembly Court Act,2063
• Election Commission Act, 2063
• Election (Offences and Punishment) Act, 2063
• Election Code of Conduct
• Voters' List Act/ Regulation 2063
• www.election.gov.np