PART
15
ELECTION
COMMISSION
103.
Election Commission:
(1) There
shall be an Election Commission of the Kingdom of Nepal consisting
of a Chief Election Commissioner and such number of other Commissioners
as may be required. If apart from the Chief Election Commissioner
other Election Commissioners are appointed, the Chief Election Commissioner
shall act as Chairman of the Election Commission.
(2) His
Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chief Election Commissioner and other Election Commissioners.
(3) The
term of office of the Chief Election Commissioner and other Election
commissioners shall be six years from the date of appointment. They
shall be eligible for reappointment;
Provided
that
- if
before the expiry of his term, the Chief Election Commissioner
or an Election Commissioner attains the age of sixty five, he
shall retire.
- the
Chief Election Commissioner and other Election Commissioners may
be removed from their offices on the same grounds and in the same
manner as has been set forth for removal of a Judge of the Supreme
Court.
(4) The
office of the Chief Election Commissioner or an Election Commissioner
shall be deemed vacant in the following circumstances:
- if
he dies; or
- if
his resignation submitted to His Majesty in writing is accepted
by Him; or
- if
pursuant to clause (3) his term expires or he is removed from his
office.
(5 )
No person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner unless he:
- holds
a Bachelor's Degree from a university recognized by His Majesty's
Government;
- is
not a member of any political party immediately before appointment;
and
- has
attained the age of forty five.
(6) The
remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall be as determined
by law. The remuneration and other conditions of service of the Chief
Election Commissioner and the Election Commissioners shall not, so
long as they hold o ice, be altered to their disadvantage.
( 7 )
A person once appointed to the office of the Chief Election Commissioner
or an Election Commissioner shall not be eligible for appointment
in other Government Service:
Provided
that
- nothing
in this clause shall be a bar to appointment of an Election Commissioner
as Chief Commissioner, and when a Commissioner is so appointed
as the Chief Commissioner, his term of office shall be computed
as to include his term as Commissioner.
- nothing
in this clause shall be a bar to appointment to any position of
a political nature, or to any position which has the responsibility
of making investigations, inquiries or findings on 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.
104.
Functions. Duties and Powers of the Election Commission:
(1) The
Election Commission shall, subject to the provisions of this Constitution
and other laws, conduct, supervise, direct and control the elections
to Parliament and Local Authorities at the village, town and district
levels. For these purposes, the Election Commission shall prepare
the electoral rolls of voters.
(2) If,
after nominations for election to Parliament have been filed but before
the election is completed, a question arises whether a candidate is
disqualified or has ceased to possess the qualifications set forth
in Article 47, final decision thereon shall be made by the Election
Commission.
105.
Election Constituency Delimitation Commission:
(1) His
Majesty shall, on the recommendation of the Constitutional Council,
constitute an Election Constituency Delimitation Commission. The tenure
of the Commission shall be as specified by His Majesty.
(2) After
determining the number of seats in the House of Representatives for
each district pursuant to Article 45, the Election Constituency Delimitation
Commission shall delimit the constituencies in districts having more
than one seat; and in so delimiting the constituencies, the Commission
shall give due consideration to the boundaries, the geographical conditions,
the density of population, the transportation facilities, and the
communal homogeneity or heterogeneity of the local residents in the
administrative districts.
( 3 )
No question shall be raised in any court on matters of allocation
of seats to a district and the delimitation of constituencies made
by the Election Constituency Delimitation Commission pursuant to clause
(2.)
(4) The
remuneration and privileges . of the Chairman and the members of the
Election Constituency Delimitation Commission shall be similar to
those of the Chief Election Commissioner and the Election Commissioners
respectively.
(5) Subject
to this Constitution, other functions, duties and working procedures
of the Election Constituency Delimitation Commission shall be as regulated
by law.
106.
Election Court:
Petitions
concerning elections shall be entertained by a court prescribed by
law.
107.
Restriction on Court Interference in Matters Relating to Elections:
Notwithstanding
anything contained in other Articles of this Constitution, unless
a petition is filed in the manner prescribed by law in the court prescribed
under Article 106, no question shall be raised in any court regarding
any election to the membership of Parliament.
108.
His Majesty's Government to Provide Necessary Employees to the Election
Commission:
His Majesty's
Government shall provide such necessary employees and rather things
as may be required to carry out the functions of the Election Commission
in accordance with this Constitution.
|
