The commission is preparing to submit a report with the results of direct and proportional representation to the President within the first week of Chaitra, after which the process of swearing in of MPs, selection of parliamentary party leaders by parties, and appointment of the Prime Minister by the President will move forward.
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It seems that it will take at least two more weeks for the country to get a new government. Although all the results of the direct election of the House of Representatives held on 21 Falgun will be out by Monday, it will take time for the results of the proportional election and additional processes. The Rashtriya Swayamsevak Sangh (RSS), which won 125 seats in the direct election, is also getting a large number of votes in the ongoing proportional election, so it is clear that it will form a government with a majority. The support of 138 MPs is needed to form a government in the 275-member House of Representatives, with 165 in the direct election and 110 in the proportional election.
The Election Commission has stated that the counting of the proportional election will be completed by Tuesday. ‘All the results of the direct election have been out, as soon as the counting of the proportional election is over, we will start the process of distributing seats and electing candidates,’ said Acting Chief Election Commissioner Ram Prasad Bhandari, ‘We are preparing to give the results very quickly.’ We will submit the House of Representatives election results report to the President in the first week of Chaitra.'
The commission has set a goal to announce all the results and issue certificates to the elected MPs on the proportional side within the first week of Chaitra. Acting Chief Commissioner Bhandari said that the path will be cleared for government formation after the commission submits the report to the President.
The commission must complete some of the procedures prescribed by law to announce the members to be elected on the proportional side. Yagya Bhattarai, the election officer on the proportional side, who is also the head of the commission's legal department, said that the phased process will take time. After the vote counting schedule for the proportional side is received, the total number of votes obtained by the parties is determined by adding up the votes obtained by them. Under the proportional election system, only candidates from parties that receive three percent or more of the total votes will be elected. Bhattarai said that once the parties that have crossed the three percent 'threshold' are confirmed, the number of seats that the parties will get will be determined according to the vote distribution formula (based on percentage). This time, it is seen that only six parties - Rashtriya Swayamsevak Sansthan (RSS), Congress, UML, NCP, Shram Sanskriti and RPP - will get seats through proportional representation after crossing the three percent 'threshold'.
The commission will also have to disclose the number of seats that the parties will get based on the number of seats that the parties will get. Bhattarai said that the commission will write to the parties concerned to send names from the closed list according to the specified percentage to be represented by the inclusive groups.
The work to be done by the Commission can be done within the first week of Chaitra, after which the time it will take to form the government depends on the Office of the President and the political parties: Ram Prasad Bhandari, Acting Chief Election Commissioner The commission looks at how many women have won directly from the parties concerned and how many women members remain in the National Assembly to ensure representation through the proportional system. There is a constitutional provision that at least one-third of the total number of members elected by each political party representing the federal parliament should be women. If the number of women in the National Assembly is not one-third of those directly elected, there is a provision that the party concerned must fill the missing number from the proportional seats it will receive.
Election Officer Bhattarai said that the National Assembly has been asked to send a letter to the National Assembly, revealing the gender of the members of the parties represented there. The party that receives seats through proportional representation will be asked to give the names of women members from the closed list in the same proportion, based on the number of women won directly and the number of women represented in the National Assembly.
After distributing the votes according to the results of the vote, the Commission will form an inclusive group and write to the party concerned to give the names of the members to be elected in accordance with the closed list. The commission has set a schedule to give political parties three days to form an inclusive group and send their names. 'If everything comes together from the parties, the results will come quickly, but if they do not, time will have to be given to reconcile,' Bhattarai told Kantipur, 'In that case, the time may vary by 1/2 day.'
Acting Chief Commissioner Bhandari said that the process of forming the government and swearing in the elected MPs will begin as soon as the commission submits the election results report to the President. 'After submitting the election results report, the commission's responsibility is fulfilled, and the government formation process will be linked to the President's Office and political parties,' he said. 'From the oath of the senior member of parliament to the oath of office and secrecy of all elected MPs, the government was formed only more than a month after the 2079 elections. The results of the House of Representatives elections held on 4 Mangsir 2079 were announced on 28 Mangsir. Since the elections for the House of Representatives and the Provincial Assembly were held simultaneously, the results were announced simultaneously after the counting of both. The commission submitted the election results report on 29 Mangshar.
Section 62 of the House of Representatives Election Act, 2074 BS provides that the report with the election results must be sent to the President within seven days of the announcement. After receiving the report from the commission, the President called for the formation of the government on 3 Poush. At that time, no single party had a majority in the constitution. The President, as per Article 76(2) of the constitution, had given a 7-day period to the member of the House of Representatives who could secure a majority with the support of two or more parties representing the House of Representatives to submit a claim for the appointment of the Prime Minister of Nepal. On 6 Poush, the senior member of the House of Representatives, Pashupati Shumsher Jabra, took the oath of office and secrecy before the President. All members took the oath of office and secrecy from Rana, the senior member of the House of Representatives, on 7 Poush.
The President appointed Pushpa Kamal Dahal, a member of the House of Representatives, as the Prime Minister on 10 Poush. On 11 Poush, 8 ministers, including Prime Minister Dahal, took the oath of office and secrecy from the President.
Chief Election Commissioner Bhandari said that the election results came out quickly this time. Therefore, he said that the formation of the government will not take as much time as the previous time. ‘We are in favor of not delaying, if there is a delay in forming the government after submitting the election results report, it may be due to the party concerned or other reasons,’ he said, ‘The commission is working at a fast pace.’
Article 76(1) of the Constitution provides that the President appoints the leader of the parliamentary party that has the majority in the House of Representatives as the Prime Minister and that the Council of Ministers will be formed under his chairmanship. Since the Rashtriya Swayamsevak Sangh (RSS) got a clear majority in the elections, the President will call on the party that has the majority, the Rashtriya Swayamsevak Sangh (RSS), to form the government in accordance with Article 76(1) of the Constitution.
Constitutional expert Bipin Adhikari says that since there is a constitutional provision that the leader of the parliamentary party of the majority party becomes the Prime Minister, the concerned party should form a parliamentary party after the complete election results are in. ‘The party that the people have given the mandate to form the government, the one that has the majority, should form the parliamentary party and select the party leader,’ he said. ‘Based on the results report submitted by the Election Commission, the President will appoint the leader of the parliamentary party that has the majority in the House of Representatives as the Prime Minister.’
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‘We are working quickly’
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Ram Prasad Bhandari, Acting Chief Election Commissioner When will the complete election results be in?
The direct results have been in, the counting of all the ballot papers for the proportional representation will be completed by Tuesday, and the process of electing members from the proportional representation will move forward rapidly as soon as the counting is done.
When will the new government be formed?
After voting, voters are eagerly awaiting the results. If it is late, they will criticize it. The Commission has been aware of that from the beginning. Careful and efficient administrative preparations have been made. As a result, the results have come out faster this time than in the past. We have already paid attention to the management of the vote count being efficient, accurate and the proper adjustment of manpower. The Commission wanted it not to be late from the beginning. We will submit the election results report to the President within the first week of Chaitra after calculating the results of the proportional representation. The process of forming a new government will move forward immediately.
Will a new government be formed immediately after the Commission submits its report?
The process of forming a government will begin after the Commission submits its report. Along with this, there will be an oath of office for the senior member, the position of the elected members of the House of Representatives and an oath of secrecy. The parties will have to form a parliamentary party and choose a leader. The work to be done on behalf of the Commission can be done within the first week of Chaitra. After that, the issue of government formation will become a matter for the President's Office and political parties. The remaining work will be done by the Parliament Secretariat. After that, it will be up to them to decide how long it will take. How quickly the relevant parties carry out the process of selecting the parliamentary party leader is a matter of party process.
