'No changes can be made to such a name. Amendment and change are two different things.'
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Of the total 275 members of the House of Representatives, 110 are elected through the proportional representation system.
The relevant party will get seats based on the votes received by the political party and the commission will elect members from the inclusive cluster included in the closed list according to the serial number. There is a legal provision that only candidates from the party that receives three percent or more of the total votes cast under the proportional electoral system will be elected.
The Election Commission had set the deadline for submitting the closed list of names for the proportional system until Monday night. On this issue, Durga Dulal of Kantipur spoke to Acting Chief Election Commissioner Ram Prasad Bhandari : The parties have submitted the closed list of proportional systems, what can be amended later, what cannot?
The Election Commission had set the date for submitting the closed list for the upcoming House of Representatives elections as 13 and 14 Poush. Accordingly, the parties have submitted the lists. Now the Election Commission is studying these lists. It is studying whether or not they are in accordance with the House of Representatives Election Act, 2074. There is also investigation and testing. It is determined which cluster the name is in or not. Everything becomes clear only after the final closed list is approved.
Initially, the closed list submitted by the parties can be combined in clusters without mixing, but individuals cannot be changed. Amendment means combining names in groups such as women, Dalits, tribals, and Madhesis without mixing.
Can the name number one in the list currently submitted by the parties be amended later and placed at number 7?
That is not the case. Amendment means that a person from the Madhesi community should be in the Madhesi cluster, but if it is in Khas Arya, then it is amended. It is not possible to remove the name currently included in the Madhesi cluster and bring in a new person. It is not possible to go up or down in this.
If someone's name is missing in a cluster, can it be amended later and added?
No changes can be made to the name in that way. Amendment and change are different things. Amendment means correcting a general error. Change means changing the names in the list submitted. The subject of change is not mentioned in the Election Commission's agenda. This law does not allow it either.
Some new or old parties have now submitted only 30-40 names, if those parties want to add names later, is it acceptable or not?
We do not accept such lists. The parties should submit to the cluster as per the law how many people they want to raise in proportional representation.
It was said that while selecting candidates for proportional representation, it should be done in accordance with Section 28 of the Election Act for Members of the House of Representatives, 2074 BS. What is the provision in this?
The Election Commission's notice states that when political parties submit their closed list for proportional representation, they should prepare and submit it in accordance with Section 28 of the Election Act for Members of the House of Representatives, 2074 BS. Section 1 of Section 28 states that a party wishing to participate in the election should prepare a closed list of candidates to be represented by its party. Section 2 states that while preparing the closed list, the closed list should be prepared in such a way that at least 10 percent of the total number of members to be elected under the proportional electoral system is nominated.
Section 3 states that while preparing the closed list of candidates, the party should include the names of at least 50 percent of the total candidates for women. 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 for 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 regional balance, and based on population, as mentioned in Schedule-1, it should be prepared in accordance with the inclusive principle. Similarly, Section 6 states that while preparing the closed list, it should be prepared in such a way that backward areas and people with disabilities are also represented.
Section 7 states that the candidates included on each inclusive basis should be prepared separately in accordance with 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 from the party to stand as a candidate. Section 10 states that the Commission shall ascertain whether the closed list of candidates received from the party pursuant to subsection (8) has been prepared in accordance with this Act and if not prepared in accordance with it, it shall inform the concerned party to correct it within seven days. Section 11 states that after being informed by the Commission pursuant to subsection (10) to correct the closed list of candidates, 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 candidate dies after a closed list of candidates has been submitted pursuant to Sub-section (10) but the election has not been concluded, the party shall nominate a candidate by including another candidate in such closed list. While nominating a candidate in this manner, the other candidate shall be nominated on the same inclusive basis on which the deceased candidate was nominated.
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