PART
17
POLITICAL
ORGANIZATIONS
1l2.
Prohibition on the Imposition of Restrictions on Political Organizations
or Parties:
(1) Persons
who are committed to common political objectives and programs shall,
subject to laws made under proviso (3) of clause (2) of Article 12
of this Constitution, be entitled to form and operate political organizations
or parties of their choice and to generate or cause to be generated
publicity in order to secure support and cooperation from the general
public for their objectives and programs, and to carry out any other
activity for this purpose. Any law, arrangement or decision which
restricts any of such activities shall be inconsistent with this Constitution
and shall be void.
(2) Any
law, arrangement or decision which allows for participation or involvement
of only a single political organization or party or persons having
a single political ideology in the elections or in the political system
of the country shall be inconsistent with this Constitution and shall
be void.
( 3 )
The Election Commission shall withhold recognition from any political
organization or any party which has been formed either with the objectives
mentioned in clause (2) above or on the basis of religion, community,
caste, tribe or region.
113.
Registration Required for Securing Recognition for the purpose of Contesting
Elections as a Political Organization or Party:
(1) Any
political organization or party wishing to secure recognition from
the Election Commission for the purposes of elections, shall be required
to register its name with the office of the Election Commission in
accordance with the procedure as determined by the Commission. A Petition
so submitted for registration shall contain clear information about
the name of the concerned political organization or party, the names
and addresses of the members of its executive committee or any such
other committee and such petition shall be accompanied by the rules
and manifesto of the organization or the party.
2) Political
organizations and parties shall be required to fulfill, in addition
to the matters contained in this Part, the following conditions in
order to qualify for registration pursuant to clause (1) above:
- the
constitution and the rules of the political organization or party
must be democratic;
- the
constitution or the rules of the organization or party must provide
for election of office bearers of the organization or party at least
once every five years;
- must
have complied with the provisions of Article 114; and
- must
have secured a minimum of three percent of the total votes cast
in the election to the House of Representatives:
Provided
that the terms and conditions mentioned in this sub-clause shall
not apply to the contesting of the first election to the House of
Representatives held pursuant to this Constitution.
Explanation:
If any candidate belonging to a Party which has secured less than
three percent of the total votes cast is elected to the House of
Representatives, such person shall be deemed to be an independent
not belonging to an organization or party.
(3) The
Election Commission shall not register any political organization
or party if any Nepali citizen is discriminated against in becoming
a member on the basis of religion, caste, tribe, language or sex or
if the name, objectives, insignia or flag is of such a nature that
it is religious or communal or tends to fragment the country.
114.
Women Candidates :
For the
purposes of elections to the House of Representatives, at least five
percent of the total number of candidates contesting an election from
any organization or party must be women candidates.
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