The government has not shown interest in holding by-elections for the 30 vacant posts in the provincial assembly and local levels. 17 provincial assembly member posts and 13 local mayor, deputy mayor, chairperson and vice-chairperson posts are currently vacant. 

Despite the constitutional provision that vacant posts in the provincial and local levels should be filled through by-elections, the government has not even started discussions with the Election Commission on this issue. Acting Chief Election Commissioner Ram Prasad Bhandari informed that there has been no discussion with the government regarding the by-elections.  

He said that whether or not the by-election will be held depends on the will of the government. ‘The constitution and law state that vacant posts should be filled through by-elections,’ he said, ‘It is the government that will provide the necessary resources and means for the by-elections. That is why the by-elections will be held according to how the government views them.’ 

Despite repeated attempts to understand the government’s position regarding the by-elections, government spokesperson Education Minister Sasmit Pokharel and the Prime Minister’s political advisor Asim Shah could not be contacted. 

17 seats in the Provincial Assembly are vacant due to resignations to become candidates in the House of Representatives elections and for other reasons. 16 of the Provincial Assembly and 11 of the local level chairmen/vice-chairmen and chiefs/deputy chiefs had resigned and become candidates for the House of Representatives. Of the vacant Provincial Assembly seats, 1 is in Koshi, 4 in Madhesh, 6 in Bagmati, and 5 in Lumbini. One seat in the Manang Provincial Assembly is already vacant. The Supreme Court had found Provincial MP Rajiv Gurung (Deepak Manang) guilty of a criminal offense and dismissed him as a Provincial Assembly member. 

The 5-year term of the elected members of the Provincial Assembly ends in Mangshir 2084. In this way, there are still 20 months left to complete the term of the Provincial Assembly. If the term of the Provincial Assembly continues for more than 6 months and for any reason, there is a constitutional and legal provision to fill the vacancy through by-elections. Article 176(8) of the Constitution states, ‘If a member’s seat falls vacant while the term of the Provincial Assembly is more than six months, the seat shall be filled through the same electoral system through which it was filled.’ Similarly, Article 68 of the Provincial Assembly Election Act also states that if a member’s seat falls vacant for any reason while the term of the Provincial Assembly is more than six months, the vacant member’s seat shall be filled through by-election. Similarly, there are 13 vacant positions at the local level, including mayor, deputy mayor, chairperson, and vice-chairperson. Prime Minister Balendra Shah himself resigned from the post of mayor of Kathmandu Metropolitan City and became a candidate for the House of Representatives from Jhapa-5. Since Shah’s resignation, deputy mayor Sunita Dangol has been working as the acting mayor. Similarly, the position is vacant in Lumbini Cultural Municipality of Rupandehi due to the death of the mayor elected by the Nepali Congress. That position is also vacant as the chairperson of Agnisar Rural Municipality of Saptari has already resigned.

At the local level, Ilam Suryodaya Municipality Mayor Ran Bahadur Rai, Okhaldhunga Likhu Rural Municipality Vice-Chairperson Asmita Thapa, Morang Rangeli Municipality Mayor Dilip Kumar Agrawal, Sunsari Dharan Sub-metropolitan Municipality Mayor Harkaraj Rai and Solukhumbu Thulung Dudhkoshi Rural Municipality Chairman Asim Rai have resigned. Kathmandu Metropolitan City Mayor Balendra Shah, Kavre Dhulikhel Municipality Mayor Ashok Kumar Byanju Shrestha, Bharatpur Metropolitan City Mayor Renu Dahal, Syangja Kaligandaki Rural Municipality Chairman Khim Bahadur Thapa, Banke Nepalgunj Sub-metropolitan Municipality Deputy Mayor Kamaruddin Rai and Kailali Tikapur Municipality Mayor Ramlal Dagaura Tharu have resigned, leaving those positions vacant.

Although the law gives the Election Commission the right to announce the date of the central and provincial assembly by-elections, the government has the right to set the date of the local level by-elections. The Local Level Election Act states that if a position falls vacant for any reason before the end of the term, the vacant position will be filled through a by-election for the remaining term. However, it is stated that by-elections will not be held in cases where the term of office is less than one year. The local level election was held on 31 Baisakh 2079. In this way, there is a legal obligation to hold by-elections for vacant positions at the local level before 31 Baisakh 2083. 

A joint secretary of the commission says that although the constitution states that by-elections must be held, they will not be held unless the government wants them to. ‘Since the constitution says that by-elections will be held, they must be held,’ he said, ‘but the commission should depend on the government for the resources, means, manpower and security management required for the election. That is why there will be no election unless the government wants them to.’ Referring to the fact that by-elections were held even when one seat was vacant in the National Assembly, he said that there has been no indication from the government about holding by-elections at the provincial and local levels. The commission official said that the possibility of holding local level by-elections is decreasing even though there is time for the provincial assembly.