Preparations for a new election law with voting rights for citizens living abroad

The commission's proposal to unify seven different election-related laws into a single law has not been able to materialize for a long time.

Jestha 14, 2083

Rajesh Mishra

Preparations for a new election law with voting rights for citizens living abroad

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The Election Commission has resumed the process of drafting a unified law related to election management. The Commission's proposal to draft a single law by integrating seven different election-related laws has not been able to take shape for a long time. 

The Commission had prepared a draft bill to amend and unify the election-related laws and submitted it to the government on 18 Ashad 2080. However, before the government could present it in the parliament, the parliament was dissolved on 27 Bhadra 2082. The Commission is preparing to resend the draft bill to the new government formed after the 21 Falgun elections.

Acting Chief Election Commissioner Ram Prasad Bhandari informed that the draft bill will be sent to the Ministry of Home Affairs soon. "There are separate laws related to the House of Representatives, Provincial Assembly and local level elections and their management," he said. "The draft of the integrated law has been prepared to bring uniformity in the law, to include certain issues in the law as per the court orders, and to further simplify the legal process." He mentioned that the commission has sought suggestions from the concerned political parties for further amendments and additions to the draft prepared in 2001 BS. After integrating the suggestions, the commission is preparing to send the draft to the government after amending it as required.

The commission is finalizing the draft of the 'Election Management Bill' by integrating 7 acts including voter roll, elections (offences and punishments), local level elections, elections of members of the House of Representatives, elections of members of the Provincial Assembly, elections of the President and Vice President, and elections of members of the National Assembly. The government has asked the commission to send the old draft back to the commission and send it after adjusting it if any amendments are required. 

Yagya Bhattarai, head of the legal division and joint secretary of the commission, said that the Home Ministry had sent the old draft back to the commission last month. He mentioned that suggestions are being collected and discussed on the draft. “The commission has already sought suggestions from political parties and other stakeholders on the draft it has prepared,” he said, “Some suggestions have been received. Some are expected to come. After that, we will finalize the draft and send it to the government.” 

Preparations for a new election law with voting rights for citizens living abroad The proposed bill includes a provision to include the names of Nepali citizens living abroad in the voter list. Similarly, a provision has been made to vote in advance towards the proportional electoral system. This will help provide the right to vote to Nepali citizens living abroad. After the Gen-G movement held on 23 and 24 Bhadra last year, the youth had urgently raised the demand to give the right to vote to citizens living abroad. And, they had put pressure on the government and the commission to implement it in the last election. However, due to the lack of law and time pressure, it was not implemented.

The proposed bill also includes the right to 'no vote' if one does not want to vote for any candidate. The Supreme Court has also ordered that Nepali citizens living abroad be given the right to vote and that the provision 'no vote' be included in the ballot paper. However, due to the lack of a law, both issues have not been implemented. The draft also includes a provision that allows the use of electronic devices for voting. It is proposed that arrangements can be made for voters living abroad to vote with the assistance of the Nepali embassy/mission in the respective country. 

The draft also proposes that at least 33 percent of the constituencies in which the party concerned fields candidates for direct candidacies for members of the House of Representatives or Provincial Assembly. Although the law ensures the participation of women in the proportional system, it does not in the direct system. The commission has proposed that political parties should allocate one-third of their candidacies for direct elections. The proposal stipulates that parties fielding candidates at the local level should nominate 33 percent women candidates among all ward chairpersons.

It has been said that at least one of the municipal chairpersons or vice-chairpersons, mayors or deputy mayors should be nominated by a woman. It has been proposed that only one woman should be nominated for a single position. Similarly, it has been proposed that the opportunity to be elected through the proportional system will be limited to two times. There is also a provision that a person who is defeated as a candidate for the post of federal parliament, provincial assembly or local level member will not be allowed to be a candidate in any level of election until the term of such position is completed. Such a person will have the facility to be a candidate in the by-election for the same post in the same constituency or level.

Acting Chief Election Commissioner Bhandari has said that the commission has prepared the draft by incorporating the issues felt to be needed during the election exercise. He mentioned that the draft was prepared by looking at the court order, the needs seen during the election exercise, the demands within the country and international practices. ‘Many issues have been included in the draft that has already been prepared. "We are further refining the voting rights of Nepali citizens living abroad and the issues of inter-district and inter-constituency elections and including them in the new draft," he told Kantipur. "The commission expects the bill to be submitted to Parliament and passed during this budget session."

Rajesh

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