In the draft of the 'Election Management Act', it is mentioned that the party should make at least 33 percent women candidates in the House of Representatives and State Assembly elections directly and for the ward president, and there is also a proposal for 'no vote'.
It has been one and a half years since the draft of the Integrated Election Management Bill prepared by the Election Commission has been kept in the Ministry of Home Affairs. The commission prepared a draft of the bill to amend and amend the laws related to elections and sent it to the Ministry of Home Affairs on June 18, 2080. The draft will be implemented only after passing through the Council of Ministers and being passed by the Parliament as a bill.
After the promulgation of the constitution in 2072, various election-related laws were introduced under the pressure of quick elections.
Commission has prepared a draft of the 'Election Management Act' by unifying 7 Acts including voter registration, election (crime and punishment), local level election, House of Representatives member election, State House member election, President and Vice President election and National Assembly member election. The government gave in-principle consent to the commission for the draft bill on January 14, 2078.
Election Commissioner Ram Prasad Bhandari informed that the draft of the bill has been prepared after discussing with the stakeholders at various stages and interacting with them on a provincial basis.
Soon after the promulgation of the constitution, laws were brought in to hold elections. A number of problems were identified after conducting two elections. Some new needs have been realized. The draft has been made according to the order of the court and also looking at the international practice," he said. The commission is also preparing to make the election management more clean, fair, reliable and effective by improving the shortcomings in the law. A new law is needed for that.'
The commission expected the bill to move forward in the winter session last year. Election Commissioner Bhandari said that after the coming of the new law, rules, guidelines and procedures should be made, so the draft should be moved forward without delay. "The commission wants the new law to be implemented in the elections of 2084," he said.
Home Ministry spokesperson Rishi Ram Tiwari said that the draft of the election management bill is in the necessary process. According to him, after obtaining the consent of the Ministry of Finance, the Home Office has sent the draft to the Ministry of Law. "There is a draft of the law coming soon," he said, "and then it will go to the Council of Ministers." Even after reaching the Council of Ministers, it will be taken to the Parliament as a bill only after it is discussed in the legislative committee and given its final form. After Home Minister Ramesh Akhtar showed interest, the draft was sent to the Ministry of Finance and Law for approval.
In the proposed bill, an attempt has been made to simplify the compilation of voter list. Eligible persons who have reached the age of majority can get their name registered in the electoral roll for their place of permanent residence at any election office across the country.
Provision has been added to collect the details of Nepali citizens living abroad in the voter list. A provision has been added that the names of voters who are 18 years of age can be included in the list until the day before the polling. It is also proposed to register the name in the electoral roll through electronic means.
It is proposed that at least 33 percent of the constituencies to be nominated by the respective parties should be women in direct candidacy for members of the House of Representatives or the State Assembly.
Similarly, there is a provision in the draft that political parties must nominate at least 33 percent female candidates among all the ward presidents who nominate candidates at the local level. The provision remains that the party should nominate at least one woman from among the municipal president or vice president, chief or deputy chief. It has been proposed that a woman should be nominated for only one post.
There is also a provision in the draft that voting can be done using electronic devices. It has been proposed that arrangements can be made to allow voters abroad to vote with the help of the Nepali diplomatic missions in the respective countries. However, it is said that the voters who are abroad can vote only proportionally.
In the proposed bill, provisions regarding eligibility/disqualification of candidates have been added. It is proposed that the opportunity to be elected through the proportional system will be limited to two terms. The commission proposes that a person who has been elected as a member of the House of Representatives or a member of the Provincial Assembly twice through the proportional election system cannot be a candidate in the election held according to the same election system.
It is also mentioned in the draft that a person who is a member of a party cannot be a candidate from another political party without resigning from that party's position.
A provision is also proposed that a person who has been defeated as a member of the federal parliament, state assembly or local level cannot be a candidate for any level of election until the term of that position is completed. But it has been tried to give such a person the facility to be a candidate in the by-election for the same position in the same constituency or level. Provision has been made to vote in advance on the
proportional side. The right of 'no vote' to vote for any candidate is included in the proposed bill.
