Acting Chief Election Commissioner Ram Prasad Bhandari says: ”So far, the commission has not even suspected that a request for an extension may be received. The commission will proceed according to the schedule it has set earlier.”
What you should know
The Election Commission has intensified preparations for the House of Representatives elections to be held on February 21. The parties have also started internal preparations for the elections. They are working on selecting proportional candidates and making lists. In a meeting with Prime Minister Sushila Karki on Saturday, Congress President Sher Bahadur Deuba had requested to extend the deadline for submitting the closed list for the proportional representation by 5 days.
The Election Commission has set the date for submitting the closed list for the proportional system for Poush 13 and 14. In this context, Durga Dulal spoke to Acting Chief Election Commissioner Ram Prasad Bhandari for Kantipur:
At what stage has the Election Commission's preparations for the elections reached?
The Election Commission's preparations are currently in the final stage. The Commission has completed 65-70 percent of the management work required for the elections and the remaining preparations are underway at a rapid pace. The Election Commission is rapidly engaged in managerial work to hold the February 21 election in a single phase. The government has also been providing the Commission with everything it has demanded.
We are in election-focused discussions, dialogues and collaboration with the government, political parties and other stakeholders. The process of submitting the closed list under the proportional election system is now approaching. According to the Commission's work schedule, parties have been arranged to submit the proportional closed list by 13 and 14. We are engaged in this work.
How are the parties preparing to submit their closed lists?
The Election Commission has started the process for proportional representation since Mangsir 20. The Commission has been working on it by setting up a separate office. The Commission had initially issued a notice to political parties wishing to participate in the proportional representation. On Mangsir 21, the parties were given time to submit their applications. On Mangsir 24, the Commission published the list of political parties that had submitted their applications. On Mangsir 26, the final list and election symbols were provided.
Political parties will have to submit their closed lists of candidates on Poush 13 and 14. There is an agenda to investigate the closed lists from Poush 15 to 20 and inform the parties to correct them as needed. Similarly, political parties will have time from Poush 21 to 27 to amend the closed lists. On Poush 28, candidates whose names are on the closed list can apply if they want to withdraw their names. The schedule is to inform the political parties about the withdrawal of names on Poush 29.
The date for nominating another candidate from the same group on the vacant list is set from Poush 30 to Magh 2. The list of names of the closed list will be published on Magh 4. There will be a period for opposing the claims regarding the eligibility of the candidates from Magh 5 to 10. After that, the commission will make a decision from Magh 11 to 17. On Magh 19, the information about the removal of the candidate's name from the closed list will be given and the final list of names of the closed list will be published on Magh 20.
Are the parties coming up with the idea of extending the period for submitting the closed list of proportional representation? The issue of adding five days was also raised in the meeting of top leaders with the Prime Minister. What is the commission's view on extending the time?
There is no possibility of extending the time to affect the work schedule of the Election Commission. The time for submitting the closed list of proportional representation has started from today. The Election Commission is not in a position to extend the time yet. The Commission has not expected such a request from the government and parties. The Election Commission is confident that neither the party nor the government will request it to put pressure on the Election Commission. To be more precise, the Commission has not even suspected that a request for an extension may be received yet. The Commission will proceed according to the schedule it has set earlier.
After submitting the closed list, can the names on it be changed or not?
After submitting the closed list, the Election Commission investigates and tests it. The issue of which cluster the name matches or not is determined. Everything will be clear only after the final closed list is approved, and it is not appropriate to draw conclusions before that. The issue of adding or removing names can be done according to the schedule, methods and procedures set by the Election Commission. All the arrangements related to this are clearly mentioned in the Commission's schedule.
Is it normal for the proportional election process to take about 1 month and 17 days, or has it taken too long?
This is a regular and natural period of time. The Election Commission has published the schedule by calculating the time for each phase. That is why the time has not been long. The time is arranged in this way in every election. This time too, the schedule has been set accordingly. This time is also necessary because the parties have to provide time to select the candidates of the proportional system and the process has to be completed.
It was said that while selecting the candidates of the proportional system, it should be done as per Section 28 of the Election Act of the House of Representatives, 2074 BS. What is the legal provision in this?
The Election Commission's notification states that when a political party submits a closed list for the proportional system, it should be prepared and submitted as per Section 28 of the Election Act of the House of Representatives, 2074 BS. Section 28 provides for the preparation of a closed list of candidates.
In Section 1, it is said that a party wishing to participate in the election will have to prepare a closed list of candidates to represent its party. Similarly, Section 2 states that while preparing the closed list, the closed list should be prepared in such a way that at least ten percent of the total number of members to be elected under the proportional electoral system is nominated. Similarly, Section 3 states that while preparing the closed list of candidates, the party should include the names of at least fifty percent of the total candidates.
Section 4 states that while preparing the closed list, the names of candidates cannot be included in a manner that exceeds the total number of members determined under the proportional electoral system. Section 5 states that while preparing the closed list of candidates, it should be prepared in accordance with the principle of inclusion, taking into account geography and territorial balance, and based on population, as mentioned in Schedule-1, including representation of Dalits, indigenous peoples, Khas Aryas, Madhesis, Tharus and Muslims. Similarly, Section 6 states that while preparing the closed list, it should be prepared in such a way that it should also represent backward areas and people with disabilities.
Section 7 states that the candidates included on each inclusive basis should be prepared in a prescribed format, separately as per Sub-section (5). Section 8 states that the closed list shall be submitted to the Commission within the time specified in subsection (3) of section 7 and that the candidate shall be deemed to have been nominated after such closed list is submitted to the Commission. Section 9 states that while submitting the closed list of candidates pursuant to subsection (8), the person whose name is included in such closed list shall also submit a letter of approval to stand as a candidate on behalf of that party.
Section 10 states that the Commission shall verify whether the closed list of candidates received from the party pursuant to subsection (8) has been prepared in accordance with this Act and if it has not been prepared in accordance with it, it shall inform the concerned party to correct it within seven days.
Section 11 states that after being notified by the Commission to correct the closed list of candidates pursuant to subsection (10), the concerned party shall amend the closed list of candidates accordingly and send it to the Commission within seven days. Section 12 states that if a closed list of candidates has been submitted as per Sub-section (10) but the election has not been concluded and a candidate dies, the party shall nominate another candidate by including another candidate in such closed list.
While nominating a candidate in this way, the other candidate shall be nominated on the same inclusive basis on which the deceased candidate was nominated.
Whether parties are allowed to update other details including office bearers or not?
Parties can update their party details at any time. The Election Commission is always open for this. The Election Commission never stops the process of registering parties and updating party details. Party registration is done only for election purposes by fixing a date earlier.
The parties that have come to register now will not be able to participate in the House of Representatives elections to be held on 21 Falgun. There is no problem for updating. Parties can update their details at any time. It doesn't say this party or that party.
