Sixty-four parties have submitted a proportional closed list of 3,424 candidates to the Election Commission. After submitting the list, most of the parties have been embroiled in minor and major controversies.
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64 parties have submitted a proportional closed list containing the names of 3,424 candidates to the Election Commission. After submitting the list, minor and major controversies have started in most of the parties. In particular, they are facing accusations that the parties have trampled on the essence of proportional representation and submitted the list based on nepotism and power. After such allegations were made public, it seems that the parties tried to stop it by saying, "We will correct the names."
The Commission has allotted time from December 21 to 27 to amend the closed list. Can the closed list submitted to the Election Commission be corrected? If so, how much? Or is there its own method? We have tried to explain this in five questions and answers.
Can the proportional list be corrected?
The Election Commission has started discussions with political parties on the closed list from Wednesday. The Commission has provided time from December 15 to 20 for this. This process will have to be done by going to the Election Commission itself. According to the Acting Chief Commissioner of the Election Commission, Ram Prasad Bhandari, the closed list submitted by the parties can be adjusted without changing the clusters, but the names of the individuals cannot be adjusted by moving them up and down. Amendment means only adjusting the names in the women, Dalit, Janajati, Madhesi groups (clusters).
For example, if a person from the Madhesi community should be in the Madhesi cluster but falls in the Khas Arya, it can be amended. But a new person cannot be added to the same cluster by deleting the names in the Madhesi cluster. Similarly, parties are not allowed to adjust the list to suit themselves.
If it can be corrected, how can it be corrected?
According to the Election Act and Rules of the House of Representatives, parties have to submit a proportional closed list based on the percentage of the population of Dalit, Indigenous Peoples, Khas Arya, Madhesi, Tharu and Muslim communities. They must also include the names of 4.3 percent backward areas and people with disabilities.
On this basis, parties have submitted the closed list. However, if the party or candidate disagrees or if the cluster does not match the submitted list, it can be amended. It is not possible to add a new name to any cluster such as Muslim, woman, Dalit, or indigenous people because someone's name is missing.
Therefore, names can be amended, but not changed. According to the Commission, if any candidate listed in the closed list wants to withdraw his or her name, time will be given. The Commission has given parties from December 21 to 27 to amend the closed list.
A person in the lower serial number of the cluster cannot be moved up. The relevant political party will be informed of the withdrawal of names on Poush 29. During this period, parties can do correction or amendment work. Another candidate from the same group can be nominated for the vacant seat due to the withdrawal by the political party and submitted to the commission. The schedule for this is set between Poush 30 and Magh 2.
Can a person's name be removed and a new name added during correction?
Parties can make amendments to the cluster. If a person or party withdraws their name, a new name can be placed in the same serial number of the same cluster. But a person in the lower serial number of the cluster cannot be moved up. Only a new person can be placed in the seat that is vacant due to withdrawal or disqualification. Apart from these two conditions, no person's name can be removed and a new name can be added.
What is a claim-objection? What is its process?
According to the commission's schedule, the list of closed lists will be published on Magh 4. Claims and objections can be made to the list published in this way. If a person is disqualified, he or she can be objected to. In the proportional electoral system, if the name of the same person is included in the closed list of more than one party, the Commission will remove the name of that person from the closed list of all parties.
For this, action will be taken if a complaint is filed with the Commission through a notice of claim-objection or if it is found during the Commission's review. Similarly, if a person who falls within the disqualifications specified in the House of Representatives Election Act 2074 is included in the closed list, he or she will be removed through the claim-objection process. According to Section 29 of the Act, there is a provision to provide an opportunity to object to the closed list of candidates. Anyone can inform the Commission about a person included in the proportional list. The Commission will examine the facts after receiving the information and take a decision. The period for this has been fixed from Magh 11 to 17.
Can the Commission remove a person if there are objections in his or her name?
The Election Commission will publish the closed list of candidates in its final form on Magh 20. Before that, if there are objections in the candidate or if he or she is found to be disqualified, the Commission can remove his or her name. According to the prevailing law, a person who has not completed two years from the date of serving a sentence is ineligible to be a candidate. According to the Proportional Election (First Amendment) Directive for Members of the House of Representatives, 2082, those convicted of crimes such as corruption, rape, human trafficking and smuggling, drug dealing, money laundering, passport misuse, kidnapping will be declared ineligible.
Similarly, those convicted of a criminal offense involving moral turpitude, life imprisonment or imprisonment for 20 years or more, organized crime, manslaughter, caste discrimination and untouchability, boxing or polygamy are not allowed to be candidates until the specified period is completed. According to the prevailing law, those who are blacklisted, imprisoned, mentally unstable or have obtained a permanent residence permit from a foreign country are also ineligible to be candidates. In such a case, the Election Commission may remove the name. There is a provision that the party can send another name in the same order to fill the vacant position.
