”Right to Reject” in the upcoming elections

Legal scholars say that the right to no vote is the right to vote if the voters do not like any of the candidates in the election.

Ashwin 24, 2082

Tara Wagle

”Right to Reject” in the upcoming elections

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The interim government formed after the Gen-G movement has announced elections on February 21. The first priority of this government is to hold elections on time to form a government that is accountable to the people and can operate the governance system as per the wishes of the new generation. The post-election government should establish a corruption-free and well-governed governance system and rebuild the damaged structures by the movement.

 

Due to the failure of the previous government to guarantee good governance to the citizens through corruption control and effective services, anger among the youth increased and the country had to suffer a huge loss of human wealth. 

Now there is a demand of Gen-G generation that the prime minister should be selected through direct elections to form a pro-people government that can build a new Nepal. A fair and transparent election process should be started in which the sentiments of the youth are included in the elections. For this reason, voices have started to be raised that the voter's right to reject a candidate if they do not like it should be implemented in the upcoming elections.

When the election comes, the conflict starts in the mind of every voter who wants honest and disciplined politics, which candidate to choose. Although the voters have the constitutional right to vote for the candidate they want, they do not have the right to reject the candidate they do not like. As there is no option of 'no vote' i.e. 'rise to reject', voters are forced to vote even for candidates they do not like. It has been a decade since the demand to reject the candidate was raised, but till now the demand of 'no vote' has not been implemented. Before this election, there is a demand to bring an election ordinance and make a ballot paper with the option of 'no vote'. 

Nepal's political leadership has never developed a governance system in accordance with the spirit and feelings of the youth. Even the political changes that took place after the Maoist People's War and the 062/63 movement failed to win the hearts of the youth. After the political party failed to make a constitution in the Constituent Assembly election in 2007, the second Constituent Assembly election had to be held in 2070.

Citizens were extremely disgusted with political parties and parliamentarians due to the failure to make a constitution. It was in this displeasure that the people were forced to elect the same irresponsible MPs in the 2079 elections. Meanwhile, advocates Swagat Nepal, Bhairaja Rai and Vikas Khadka filed a petition in the Supreme Court demanding the 'Right to No Vote' to implement the 'No Vote' system in favor of the people. The Supreme Court on 21 January 2017 gave a directive order to the government to provide 'Right to Reject' (not to vote for any candidate) in the electoral law. 

The Supreme Court gave a directive order in the name of the Government of Nepal, the Election Commission, the Legislature Parliament to arrange the 'Right to No Vote' by making a law in the upcoming elections. In the decision made by the then Chief Justice Kalyan Shrestha and Judge Prakash Vasti, it is mentioned that the situation in which one has to be selected from among the candidates included in the ballot paper is not a democracy, it is only a system of choosing the 'least worst among all the worst' under the guise of democracy.

By saying that it is not appropriate to keep such a system forever, the court has mentioned that the fact that the people have the right to vote or not has no theoretical significance until the situation is created where the people can express their will through votes. The court concluded that the will of the people is not fully reflected in the results of the election.

According to the court, 'no vote' also comes under freedom of thought and expression. Under the right to privacy provided by the constitution, voters have the right to privacy even if they did not vote because they did not like any candidate. The court has emphasized that the protection of all these rights is only through the provision of 'not voting for any of the above candidates'. 

According to the order of the court, the Election Commission sent the draft bill on the election of members of the House of Representatives in section 76 to the Council of Ministers. However, Parliament removed this provision in that bill and passed the law. Due to the reluctance of the Parliament, the Right to Reject is not included in the Election Commission Act, 2073.

After the matter was appealed to the court again, the Supreme Court in 2076 ordered that the necessary legal, administrative and financial management should be made for the purpose of conducting the election by making necessary arrangements so that it can be declared that there is no support for any of the candidates on the ballots used in the union, state and local level elections to be held from now on in the country.

After the order of the Supreme Court, the three-level elections of the Constituent Assembly including the local, provincial and representative assemblies were completed. But it has not yet been followed. The political parties also challenged the court order to give the right of 'no vote' to the voters. In the ballot paper made by the Election Commission in the 2079 election, there was no provision to exclude candidates.

Voters were forced to choose one of the election symbols on the ballot paper to be used in the election. The parties refused to make laws because they were afraid of being rejected by the people. Legal scholars say that the right to no vote is the right to vote if the voters do not like any of the candidates in the election.

In a democratic system, every citizen has freedom of expression. Article 19 of the Universal Declaration of Human Rights, 1948 provides that everyone has freedom of thought and expression. The manifesto states that the will of the people expressed through elections is the basis of the government's authority. The International Covenant on Civil and Political Rights, 1966 states that everyone has the right to seek, receive and impart information and ideas of all kinds under freedom of expression. 

Various democratic countries have arranged for 'no vote'. The system of 'Nun of the Above' was first started in France. Belgium and Brazil then implemented such a system. Currently, this system has been implemented in France, Belgium, Brazil, Greece, Ukraine, Chile, Bangladesh, State of Nevada, Finland, America, Colombia, Spain, Sweden, India and other countries. This option has also been kept in electronic voting machines since 2013 after the Supreme Court of India gave a decision to implement the system of 'None of the Above'. 

In order to protect sovereignty and democracy and to respect public opinion and to protect the right of voters to choose the most suitable representative for them, it has become mandatory to arrange 'no vote' i.e. 'right to reject'. It is the highest point of democracy to reject a candidate. Citizens should also have the right to pressure political parties to select suitable candidates.

If a candidate nominated by a political party is rejected by a large number of people, it directs the political party to choose a better candidate that the people believe. Implementing the system of 'no vote' will help in understanding the people's opinion about the provisions of the constitution and the agenda of the party. 

Tara

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