Elections are the cornerstone of democracy and constitutionalism. As desired by the Gen-G youth, the interim government has concluded voting on 21 Falgun.

The results of the vote will also be made public in a few days. The candidates had made door-to-door promises to the people in favor of the rule of law, constitutional supremacy, development with equality, an end to corruption, and transparency. Transparency is an integral part of a welfare state system. Transparency is not only a theoretical issue but also a practical aspect.

The practice of spending excessively, distributing money, having parties, and influencing voters during elections is not new to Nepal, and its practice has been seen in some areas in this election as well. To regulate this, the Election Commission had issued guidelines not to spend more than the specified limit in elections. If it is not implemented effectively, questions will definitely arise about the integrity of the election.

The spending limit that candidates can spend

The Election Commission had classified the candidates according to districts as to how much they would spend in the elections. Different spending limits were set for districts considered accessible and for districts considered remote.

According to the commission, candidates in five constituencies in Kathmandu will be allowed to spend a maximum of Rs 2.5 million, including Kathmandu constituencies 1, 3, 6, 7 and 8. Similarly, a maximum spending limit of Rs 2.7 million was set for candidates in 17 constituencies.

Candidates in 65 constituencies were allowed to spend a maximum of Rs 2.9 million. Similarly, a maximum spending limit of Rs 3.1 million was set for candidates in 52 constituencies and Rs 3.3 million for candidates in 26 constituencies.

According to the commission, candidates were also sent a letter stating that they should open a separate account in a bank or financial institution and spend from that account when spending. However, there were problems in its practical implementation. 

The use of banks while spending 

The Election Commission issued a press release on 21 Magh, stating that all political parties registered with the Commission for the purpose of participating in the House of Representatives elections, 2082, and all candidates representing those parties and independent candidates who have filed candidacies under the proportional and first-past-the-post electoral system, should transact their income and expenses through bank accounts.

It has been prescribed that in order to open an account, a recommendation should be made from the Election Commission Secretariat in the case of political parties and from the election office of the concerned district in the case of candidates. In addition, the Commission expects active cooperation, coordination and facilitation from all parties to initiate a cultured behavior by linking election campaign expenses with the modern banking system.

It has been stated that when receiving financial assistance exceeding Rs 25,000, it should be done through banks and financial institutions, if cash is received as voluntary assistance, it should be deposited in the bank account of the candidate or party with a receipt or reimbursement, and when spending on candidates, it should be done through banks and financial institutions, but there has been a lack of compliance.

Candidates are collecting financial support through various channels and it is difficult for the Commission to find transparency about who has contributed and how much. Such unreported financial support is certain to make the election far from fair, fearless and transparent.

Legal provisions and practice 

Section 25 (1) of the Election Commission Act, 2073 states that a political party or candidate who is required to submit a statement of election expenses shall submit a statement of election expenses to the office specified by the Commission along with a bill of expenses in the format specified by the Commission within 30 days from the date of publication of the final results of the election.

Also, Section 26 states that the Commission may impose a fine on a political party or candidate who spends more than the maximum limit as per Sub-section (1) of Section 24 or who does not submit a statement of expenses within the specified period as per Sub-section (1) of Section 25, an amount equal to the election expenses incurred by it or the limit of expenses determined by the Commission, whichever is higher.

In addition, it has been mentioned that if it is found that the expenditure is detrimental to the integrity of the election or is illegal, the Commission may impose a fine on such political party or candidate equal to the amount of the expenditure incurred or five hundred thousand rupees, whichever is higher.

Excessive or opaque expenditure in elections weakens democracy. Even in the 2079 election to the House of Representatives, candidates were asked to disclose their expenditure within 35 days, but they did not do so even after the deadline expired.

At that time, the Election Commission had made public the list of 37 candidates who had not disclosed their election expenditure, and later the expenditure was made public only after the Commission warned of action. Although it was said that the expenditure should be disclosed along with the bill, the expenditure written on ordinary paper was made public by the candidates, which was not reliable and verifiable. This raised questions about the rule of law, transparency and fairness of election expenditure.

International practice 

In the context of the UK, the ‘Political Parties, Elections and Referendum Act, 2000’ has provided that an election candidate can spend 54,010 pounds and the candidate must submit a statement of the election expenses to the Election Commission within 35 days and also disclose how much was spent in different areas while submitting the statement of expenses.

In India, the ‘Representation of the People Act, 1951’ regulates the expenses incurred in elections. The scope of expenses that a candidate can spend varies according to the area. In the context of the statement of expenses, it is mentioned that the statement of expenses must be submitted to the Election Commission of India within 30 days of the completion of the election.

Conclusion 

Elections are the cornerstone of democracy, excessive or opaque expenses made by candidates weaken democracy. It is not enough to simply set a maximum limit for expenses by law, its effective implementation, obligation to submit statements on time and ensuring public oversight are also equally necessary.

In the context of Nepal, the Election Commission Act, 2073 BS has clearly provided for the Election Commission to collect, monitor and take action on expenditure details. However, in practice, problems such as late submission of expenditure details, disclosure of details without payment of bills, and lack of full compliance with the banking system have raised questions about the rule of law and transparency.