The possibility of by-elections for vacant local level posts is low. The government and the Election Commission have not made any preparations for by-elections. There is a legal provision that by-elections will not be held if the term of office is less than one year. 

There are 13 vacant posts of mayor, deputy mayor, chairperson and vice-chairperson at the local level. The post of ward chairperson is also vacant. The Commission has not yet received the exact number of vacant ward chairpersons. The Local Level Election Act states that if a post falls vacant for any reason before the term of office ends, by-elections will be held for the remaining term. However, the remaining term of office must be more than one year. The local level elections were held on 31 Baisakh 2079 BS. 

Some people resigned from the posts of mayor, deputy mayor, chairperson and vice-chairperson of the local level and filed their candidacies in the last Falgun election. The then mayor of Kathmandu Metropolitan City, Balendra Shah, the then mayor of Bharatpur Metropolitan City, Renu Dahal, the then mayor of Dharan Sub-metropolitan City, and Hark Sampang, the then mayor of Dharan Sub-metropolitan City, resigned and contested the election to the House of Representatives. 

Ilam Suryodaya Municipality Mayor Ran Bahadur Rai, Okhaldhunga Likhu Rural Municipality Vice-Chairperson Asmita Thapa, Morang Rangeli Municipality Mayor Dilip Kumar Agrawal, and Solukhumbu Thulung Dudhkoshi Rural Municipality Chairman Asim Rai also resigned and filed their candidacies for the House of Representatives elections.

Kavre Dhulikhel Municipality Mayor Ashok Kumar Byanju Shrestha, Syangja Kaligandaki Rural Municipality Chairman Khim Bahadur Thapa, Banke Nepalgunj Sub-metropolitan Municipality Deputy Mayor Kamaruddin Rai, and Kailali Tikapur Municipality Mayor Ramlal Dagoura Tharu also resigned for the House of Representatives elections. The post of Lumbini Cultural Municipality of Rupandehi is vacant due to the death of the mayor elected by the Nepali Congress. Saptari's Agnisar Rural Municipality Chairman had already resigned. 

The Local Level Election Act states that if a post falls vacant for any reason before the term of office ends, it will be filled through by-elections on a date set by the Government of Nepal in consultation with the Election Commission for the remaining term. The government has the right to set the date for local level by-elections. The Commission has stated that it has already informed the government about the context for holding by-elections. However, an official of the Commission said that the government has not shown any interest due to the time available.   

In places where the chairperson or chief is vacant, the vice-chairperson or deputy chief is running the local level as an acting head. A minister informed Kantipur that the issue of by-elections has not been raised in the Council of Ministers meeting in the one and a half months since the formation of the new government. Refusing to give a formal response, he said that by-elections were not considered necessary. ‘The municipality is being run by an acting head. There is no problem in service delivery due to any vacancy,’ he said. ‘Since periodic elections will be held in a year, it is not considered appropriate to spend state resources on by-elections now.’ 

Acting Chief Election Commissioner Ram Prasad Bhandari says that the possibility of local level by-elections has been eliminated. ‘The law has fixed the election period for 120 days. If the date of the by-election is announced now, the election will be held in Bhadra,’ he said, ‘It is better to hold periodic elections next year than to fill new office bearers for 6 months.’ 

There are 17 vacant Provincial Assembly members in the province. No preparations have been made for their by-elections yet. 1 seat is vacant in Koshi, 4 in Madhesh, 6 in Bagmati, 5 in Lumbini and 1 in Gandaki. The 5-year term of the elected members of the Provincial Assembly is due to end in Mangsir 2084. Accordingly, there are still 19 months left for the term of the Provincial Assembly to end. 

There is a constitutional and legal provision that if the term of the Provincial Assembly continues for more than 6 months and for any reason, the vacancy must be filled through by-elections. Article 176(8) of the Constitution states, ‘If a seat of a member falls vacant while the term of the Provincial Assembly is more than six months, the seat shall be filled through the same process as that through which it was filled.’ Article 68 of the Provincial Assembly Election Act states, ‘If a seat of a member falls vacant for any reason while the term of the Provincial Assembly is more than six months, the vacant seat of a member shall be filled through a by-election.’