Historical Development of Election Law in Nepal

Kirat Period

·         Concept of Gram Panchayat

Shah Period

·         Kings were more focused on wars.

·         However, before Drabya Shah attacked, there would be a race to appoint a King in Ligligkot.

·         Similarly, during Prithvi Narayan Shah’s time, there had been a choice for choosing between Kalu Pandey and Biraj Bakhate for ‘Kaji’.

Rana

·         In 1976, Poush 2, Chandra Shumsher established ‘Safai Adda’.

·         In 1987,

·         Panchayat was established in 9 different places in Kathmandu

·         Every household head would be given a chance to vote.

·         However, there was no concept of Adult Franchise.

Padma Shumsher

There was an independence movement in India at this time. Padma Shumsher thought that if they themselves did not initiate the practice of democracy, external power would be forced to do so. Hence, he asked advice from brothers who had attained 30 years of age in Magh, 2003, regarding 7 questions:

·         Is there any reform/change required?

·         If it is required, what sort of reform shall be suitable to our country?

·         Shall we make an elected body of 28 people?

·         Shall we give them power (mentioned some) in the following ways?

·         Shall we give the power to operate the system and form the municipality board to the elected people?

·         To what extent shall the right to freedom be given?

·         After looking at the results of these reforms, it should be announced that the biennial system (2 years) will be amended and more authority will be given.

The opinion to these questions were advised to be submitted within 15 days. Krishna Shumsher, Vijay Shumsher, Mahabir Shumsher etc. were in favor of reform.

2003, Falgun 2

·         Safai Adda was renamed as ‘municipality’, so Ktm municipality.

·         Divided into 21 wards.

·         It was established primarily for cleaning the roads.

·         A male who has attained 21 years would be eligible to vote.

·         There was no voting right given to women.

2004, Baishak 15

·         A statutory reform committee was formed under the chairmanship of Hajuriya Jarnel Bahadur Shumsher.

·         Later, after Bahadur Shumsher left, Hajuriya Jarnel Singh Shumsher became the chairman.

·         There were 13 members in total.

Announcement of the Government of Nepal Act, 2004

Padma Shumsher had said the following things during the announcement:

·         The sole aim of good governance should be the greatest good of the world, that form of government which improves the situation and promotes happiness

·         Fundamental rights are formulated in the same way as they are prevalent in the leading nations of the world

·         There are some restrictions, however, not as many as other countries have.

·         Effort to adapt the election system of Western countries to the Panchayat system that suits our culture, which has been going on since ancient times (Gram Panchayat)

·         Adult Franchise

·         Having two assemblies at the center is also a universally accepted principle

·         Provision of Auditor General (Pradhan Jachaki) (which clears the doubt that Rana is principally liable for all the expenses.)

·         Effort to establish an independent judiciary.

2004, Jestha 29

·         The first election was conducted in Ktm Municipality.

·         68,000 voters (60 .65%)

·         Criteria to be a candidate:

·         A male who has no government dues to be paid. So, it had a provision of giving candidacy to government employees as well. (This rule was repealed in 2005.)

·         21 Years

·         The candidate in Ward no. 10 will go to Ward no. 18 for the inspection.

·         Voting time: 11 am – 3 pm.

·         Ballot paper would be distributed door to door, a day before the election.

·         Ballot box would be placed in an open space

·         No concept of election symbol

·         No Privacy (If you are to cast a vote for ‘A’, drop the ballot paper into box ‘A’, and if for ' B then into box ‘B’)

·         Bhuwan Lal Pradhan had been elected unopposed (Nirbirodh)

Municipality Board

·         31 in total

Gehendra Shumsher Thapa- Chairman (Chairman to be among the 10)

Shankar Dev Panta- Vice Chairman (Among 21)

· 16 from 21 gave their resignation due to a lack of coordination.

· By-election could not take place due to no filing of candidacy from many wards.

Till 2007, 15 members were remaining in the Municipality Board.

Government of Nepal Act, 2004

Legislative Assembly

                                   

·       There was a provision of the electoral college

·         Section 64 (b)

• Government to make laws related to elections.

Interim Government of Nepal Act, 2007

Preamble: Prajatantratmak Constitution

Only one mandate: To do election for the formation of the Legislative Assembly and to constitute a new constitution by that assembly.

Part 6: Election

Article 68-72

68: To conduct the election as soon as possible

69: Formation of the Election Commission and its functions and powers

·         To prepare the voter list

·         Conduct the election

·         Hear the cases related to the election

·         Establish the election court

70: Voter list

·         To prepare a voter list based on the electoral constituency

·         Not to discriminate in terms of religion, caste, race, or gender while preparing the list.

71: Adult Franchise (Eligibility/Ineligibility of voter)

·         Completed 21 years within the stipulated time

·         Ineligibility:

·         Not a resident at electoral constituency

·         Insane

·         Convicted in criminal offence

72: Not to question the subject of the determination of the electoral constituency in the court

2008 Poush

Representative of the People Act, 2008

·         Determining factor of an electoral constituency

·         1,00,000 population

·         Eligibility of voter

·            Completed 21 years of age

·         Ineligibility

·         Insane

·         Punished for the election code of conduct

·         Eligibility of the candidate

·         Completed 25 years

·         Nepali citizen

·         Name in the voter list

·         Ineligibility of candidates

·         Employed as a government officer

·         Not completed 5 years since the conviction for corruption

2008, Falgun 20

·         Election Commission Formation (Notice published in the Nepal Gazette)

2010, Bhadra 17

·         Next election for the municipality board

·         56,000 voters (53%)

·         18 wards in total

·         Women had voting rights

·         Practice of secret voting (Voting done in a room, and the photo of a candidate was displayed in each box)

·         Concept of election symbol

·         73 had given candidacy.

·         Criteria of ineligibility

·                     Insane

·                     Employed in a government job

·                     Not attained 21 years of age

·                     Convicted in criminal offence

·         Code of Conduct regarding the election was promulgated

·                     To reach before half an hour

·                     Not to advertise within 50 meters of the  booth

Shri Sadhana Devi Nepal was elected from Ward no. 8, who was the first woman representative. She had obtained around 2,000 votes.

Municipality Board

Prayagraj Singh Suwal- Chairman

Janakman Shrestha- Vice Chairman

2012, Shrawan 24

·         Declaration of ‘Aam Chunab’ to be held in 2014

Parties were skeptical regarding the term ‘Aam Chunab’ as the purpose was to conduct the election for ‘Bidhan Sabha’ initially.

2014, Magha 19

Mahendra issued Shahi Ghosana:

·         To make a commission that would make a constitution

·         Based on the constitution, the election of the Legislature (lower house) in 2015, Falgun 7

·         There shall be no PM, either I (King) will take the Chairmanship or nominate another person

·         To make a new election board by dissolving the former one

·         Main Duty and Responsibility of the board:

·         Execute Development Programme

·         To conduct the general election

2014, Magh 21

·         Conference held

·         Silent Protest led by BP Koirala to seek clarification regarding the method of ‘Aam Nirbachan.’

2014, Chaitra 3

·         Formation of the Constitution Draft Commission under the chairmanship of Bhagwati Prasad Singh

·         Sir Ivor Jennings as the expert

Obstacle

·         There was the provision of election of ‘Bidhan Parishad’ in 2007’s constitution

Hence, the constitution was amended in 2015

2015, Jestha/Asar

Representative of the People Act, 2015

Representative of People Regulation, 2015

2015, Falgun 01

·         Promulgation of the Constitution of the Kingdom of Nepal, 2015

·         Part 5, Article 18

·         Formation of the Legislature

Mahasabha

·         Permanent House

·         Term- 6 years

·         However, in the case of 18 members elected by the HoR:

·         While doing the lottery first 1/3^rd would have the 7 years term

·         Second 1/3^rd- 5 years

·         Other 1/3^rd- 3 years

·         In case of 18 members nominated by HMG

·         first 1/3^rd would have the 6 years term

·         Second 1/3^rd- 4 years

·         Other 1/3^rd- 2 years

·         Practice of the Single Transferable Vote system:

·         In case there are more than 18 candidates

·         This was the new concept introduced

·         Age: 30 years completed

House of Representative

·         Article 22

·         Secret Voting

·         Age: 25

Preamble

·         Sovereign power vested in Shri Panchko Sarkar

Eligibility of a voter

·         21 years

Ineligibility

·         Offender

·         Insane

·         Disqualified person due to illegal activity

Ineligibility of Candidates

·         Not a nepali citicen

·         Below 30 years for Mahasabha

·         Below 25 years for HoR

·         Employee of HMG

·         Considered unqualified under the law

·         Member of Public Service Commission or other commissions

Election Commission

·         Under King

Electoral Constituency Division Commission

·         To divide the constituencies with similar population range

·         Also, to consider:

·         Border of administrative districts

·         Population density

·         Transportation facility

·         Cultural and communal aspect

Election Special Court

·         To settle the case related to the election

Election Held in 2015 as per the Constitution

·         Total voter turnout: 42.185%

·         BP Koirala: Prime Minister

·         Subarna Shumsher: Deputy PM

2017, Poush 1

Political Leaders were arrested, and Mahendra declared ‘Shahi Ghosana’.

Council of Ministers and the legislature were dissolved based on Article 55 of the Constitution.

Constitution of Nepal, 2019

Promulgated on Poush 1, 2019

Part 8

Two types of Panchayat

Laws:

·         Gaun Panchayat Act, 2018

·         Nagar Panchayat Act, 2019

·         Jilla Panchayat Act, 2019

·         Anchal Panchayat, 2019

Rastriya Panchayat

·         Article 34

·         Members constitute of:

·   Members elected by Anchal Sabha (90, later increased to 112)

·   Members elected by Class and Professional Organization (15)

·   Members elected by Bachelor's Degree holders (4)

·   15% to be nominated by the King

Amendment

·         2023, Magh 14

·         2032, Magh 26

·         2037, Poush 1

2023 (Amendment)

·         Election Commission as a constitutional body

·         Eligibility to be a candidate of the Rastriya Panchayat

·         Nepali Citizen

·         25 Years of age

·         Member of class and professional organization

Election Commission Ordinance, 2023

·         Section 3: Power, duties, and function

·         Section 4: Provision of an officer

·         Section 5: To take the consultation with the Election Commission

·         Section 7: Power to make law

Election Offence and Punishment Ordinance, 2023

2032 (Amendment)

·         King to nominate 20% of the Rastriya Panchayat’s members.

·         Zona is divided into 4 development regions

·         Each yea,r one zone to have election

Rastriya Panchayat (Member Election) Ordinance, 2032

2033

Rastriya Panchayat (Member Election) Act, 2033

Rastriya Panhayat regulation, 2033

Voter:

·         Members of Jilla and Anchal Sabha

Candidacy:

·         Member, Chairperson, and Vice-Chairperson of Jilla Sabha.

Ineligibility:

·         Dumb

·         Insolvent

·         Insane

·         Not employed in a government office

Provision regarding grounds for the ballot paper being void

National Directives Act, 2018

·         Provision regarding the organization

Bargiya Sangathan Ordinance 2032

·         Provision of 6 types of organization

Panchayat Sadasyaharuko Bargiya ra Byabasayik Sangathanko Sadasya Sambandhi Ain, 2036

Bargiya Sangathan Niyamawali, 2037

Referendum held

·         National Election Commission for the referendum

Referendum Regulation, 2036

·         Made by the National Election Commission, not underthe  Act

·         Rule 4: Issues for Referendum

·         Multiparty Democracy

·         Monarchy

·         Rule 13: Voting from abroad (But, it did not have a provision for those who had gone for foreign employment)

National Election Commission (Work Arrangement) Regulation, 2036

Matadata Naam Sangraha Regulation, 2036

·         By the National Election Commission

·         Defined who voters are

·         Completed 21 years in Jestha 10, 2036

·         Nepali citizen

·         Not insane and convicted in criminal offence

Voter turnout in rthe eferendum: 67%

2037 (Amendment)

·         Rastriya Panchayat to have 140 members

·         Adult Suffrage

·         Eligibility to be a voter: 21 years, removed all other eligibilities

· The Panchayat Policy and Examination Committee was provisioned

·         Election of Rastriya Panchayat every 5 years.

Constitution of the Kingdom of Nepal, 2047

 

Term of HoR: 5 years

Age Requirement

·         HoR: 25

·         NA: 35

· Eligible age to vote: 18

Part 5

·         Election Commission

·         Article 104: Power, Functions and Duties

·         105: Election Constituency

·         106: Election court

Electoral Constituency Determination Commission Act, 2047

·         Each district is one electoral constituency

Village Development Committee Act, 2048

Municipality Act, 2048

District Development Committee Act, 2048

Local Level Election Procedure, 2048

Local Self-Governance Act, 2055

Local Level Election Directives, 2062

Based on this constitution, election was held 3 times

2062, Mangsir 7

12 Point Agreement between Maoist and 7 Political Parties

·         To boycott the election

2062, Magh 26

·         58 Municipalities

·         Election held: 36 Municipalities

·         In 22: Elected Nirbirodh

Local Level Election

Voter Turnout: 20%

After the formation of the government post maoist movement, this election was declared invalid

2062 Chaitra 24 – 2063 Baisakh 11

·         Mass movement

2063 Baisakh 8

·         Shahi ghosana

2063 Baisakh 11

·         Shahi Ghosana

2063 Jestha 4

·         Reinstatement of HoR

2063 Kartik 22

·         Meeting between Maoist and 7 political parties

·         Finalize the Interim Constitution

·         Provide election observation for the constituent assembly

Interim Constitution of Nepal 2063

Promulgated on Magh 01

Part 6: Legislative Assembly

                                             

       

This Legislative Assembly was dissolved after the first meeting of the Constituent Assembly.

Constituent Assembly             

Part 7      

Article 63: Formation of Constituent Assembly

                                   

Amendment of the Constitution

·         12 times

1^st Amendment (2065, Falgun 30)

·         Article 63(3)

·         157 (a): added this

·         Electoral Constituency Determination Commission

Constituent Assembly Members:

	Original Constitution	1st Amendment	2nd Amendment	3rd Amendment
	2063/10/01	2063/11/30	2064/02/30	2064/09/13
FPTP	205	205		240
Proportional	204	204		335
Nominated	16	17		26
				601

 2064, Chaitra 28

·         The election of Constituent Assembly(CA) was conducted.

2065, Jestha 15

·         First meeting of CA

·         Decided to establish a republican state.

4^th Amendment 2065, Jestha 16

·         Added the provision of the President and Vice President in Part 4, Article 36.

5^th Amendment 2065, Asar 29

·         Article 7(a) added: Fulfilling the vacant seat in the same way it was previously elected.

6^th Amendment 2065 Mangsir 30

·         Article 7(b) added: To have attained 18 years in Chaitra 2064 for the by-election

7^th Amendment 2066, Magh 17

·         Article 36(f): Oath to be taken in the mother tongue by the President

·         Article 36(i): Oath to be taken in the mother tongue by the Vice President

8^th Amendment 2067 Jestha 14

·         Article 64

·         Constitution to be made within 3 years of formation of Constituent Assembly (previously 2 years)

There were writ petition submitted to void the 8^th Amendment.

9^th Amendment 2068 Jestha 14

·         Article 64

·         3 years 3 months instead of 3

10^th Amendment 2068 Bhadra 14

·         Artcile 64

·         3 years 6 months instead of 3 years 3 months

Bharatmani Jangam v. Office of the President and Others

·         To void the 10^th Amendment

· The case was heard by a special bench of 5 judges

·         To analyze the achievements so far and things left to be done, also how much time to be extended for the last time.

·         Ordered to either hold a referendum or a re-election of the CA if the Constitution is not drafted even in the extended period.

11^th Amendment 2068 Mangsir 14

·         4 years

12^th Amendment 2069 Jestha 7

·         Article 70

CA was dissolved, and then Khil Raj Regmi was the Chairman of the Council of Ministers.

Election Laws

(1) Voter List Act, 2063

(2) Election Commission Act, 2063

(3) Election (Offences and Punishments) Act, 2063

(4) Constituent Assembly Members Election Act, 2064

(5) Constituent Assembly Members Court Act, 2064

Regulation, Directives, and Procedure

Voter Registration Regulations, 2063

Constituent Assembly Member Election Regulations, 2064

Political Party Registration Election Purpose Regulations, 2063

Constituent Assembly Member Election Guidelines, 2064

Constituent Assembly Member Election Directive (Provisions Relating to Candidacy under the Proportional Election System), 2064

Procedures Relating to the Nomination and Selection Process of Candidates in Proportional Elections, 2064

Constituent Assembly Member Election Counting Guidelines, 2064

Constituent Assembly Member Election Code of Conduct, 2064

Constituent Assembly Member Election Supervision Guidelines, 2064

Constituent Assembly Member Election Financial Guidelines, 2064

Other Materials:

1) Code of Conduct for Non-Governmental Organizations, 2064

(2) Voter Education Program Implementation Guidelines, 2064

(3) Frequently Asked Questions (FAQ) on the Election of Constituent Assembly Members

(4) Voter Education Handbook, 2064

(5) Polling Officer's Assistant Handbook, 2064

(6) Election Security Information Handbook, 2064

(7) Election-Related (Complaints and Actions. Work Performance Guidelines, 2064

(8) Order on Monitoring of Constituent Assembly Member Elections, 2064

(9) Manual on District Liaison, Information Collection and Monitoring, 2064 (10)

(10) Information booklet for candidates running in the first past the post electoral system, 2064

(11) Constituent Assembly member election method and procedure (textbook), 2064

(12) Election material packing guide, 2064

(13) Resource Manual on Election Management and Implementation, 2064

(14) Informational Manual for Political Parties, 2064

 

2070 Mangsir 4

·         Re-election of CA

·         Based on Constituent Assembly Members Election Ordinance, 2070

2072 Ashoj 3

Promulgation of the Constitution of Nepal

·         Article 84: Formation of HoR

·         165: FPTP

·         110: Proportional

·         Article 86: Formation of National Assembly

·         59: 8 from each province and 3 nominated by the President

·         Article 245: Election Commission

·         Article 286: Election Constituency Delimitation Commission

Laws

Election Commission Act, 2073

Election Offence and Punishment Act, 2073

Local Level Election Act, 2072

Electoral Constituency Delimitation Act, 2073

House of Representatives Members Election Act, 2074

Province Assembly Members Election Act, 2074

Voter List Act, 2073

Political Parties Act, 2073

National Assembly Members Election Ordinance 2074

National Assembly Members Election Act, 2075

President and Vice President Election Act, 2074