A partial alternative to keeping tainted people out of the electoral process is for parties to not give them a place or to not field them as candidates. Often, tainted people have entered politics from different parties and have used political cover-ups to cover up the allegations/evidence against them.
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In every election, the people want a competition between candidates who truly represent their aspirations and for the most deserving candidate to win. Voters aspire to choose an ideal leader and connect themselves with the state system through him.
People's aspirations such as development, prosperity, rule of law, and access to justice are possible only when people's representatives are politically, socially, and legally moral. In our country, due to the qualifications of candidates and the weaknesses in the candidacy process, even people involved in criminal incidents have easily become candidates. Such a situation has not made a place for people's representatives ideal. Those in the role of people's representatives have also not been able to represent the people in the true sense. As a result, a strong pillar of democracy has not been able to become vibrant, but rather has become technical and weak. The people have not been able to feel a sense of belonging to such an institution. Such an institution itself, democracy as a whole, and the aspirations of the people have suffered as a result. Therefore, the qualifications of candidates and the candidacy process should be made clear and strong. This will ultimately strengthen the possibility of democracy and the aspirations of the people being fulfilled.
Rajiv Gurung, also known as Deepak Manange, was elected as a member of the Provincial Assembly in 2074 and 2079, despite being convicted of murder. He also became a minister. Laxmi Mahato Koiri, who had absconded after the police launched an investigation into the murder of Armed Police Assistant Inspector Thaman BK, became a member of the House of Representatives, and Kaushal Raya and Abhiram Sharma became members of the Provincial Assembly. Resham Chaudhary, the 'mastermind' of the Tikapur incident in which five policemen, including an SSP of the Nepal Police, two Armed Policemen, and an innocent child were killed, became a member of the House of Representatives. Badshah Kurmi, who was accused of being the mastermind behind the death of Nirmala Kurmi of Banke and the embezzlement of property, became a member of the Provincial Assembly. He also became a minister. Tek Bahadur Gurung won the 2079 House of Representatives election while the corruption case filed by the Authority for irregularities in the land lease of the Social Welfare Council in Bhrikutimandap was pending. Rabi Lamichhane won the 2079 House of Representatives election while still holding US citizenship. The series of tainted people becoming public representatives reveals the weaknesses in the election process.
The currently active act also has provisions regarding the disqualification of candidates. But the fact that tainted people entered parliament confirms how incomplete they are. Therefore, the Election Commission had drafted the bill with strict provisions. The proposed draft provided that a person who was imprisoned, who could not be arrested despite an arrest warrant issued under the prevailing law but was absconding, or who was ordered to be detained by a court but did not remain in custody despite such an order being upheld, would be considered ineligible as a candidate. Similarly, a person who had been charged with a corruption-related offense, or who had been convicted of corruption by the original court and whose case was pending on appeal, or who had been convicted of corruption and whose final decision was made, would also be considered ineligible. Although the draft bill with these and many other provisions was submitted to the Ministry of Home Affairs 29 months ago by the Commission, the then governments did not prioritize it. Due to which there is a possibility that a tainted face will reach the parliament through the upcoming elections as well.
Only a person with a moral image can make honest efforts for good governance. Only then will the aspirations of the citizens be fulfilled. Therefore, the foundation of good governance is linked to the electoral process. It is linked to the selection of people's representatives. Not only how people's representatives are selected procedurally, but also what kind of people's representatives are selected is very important. If it is easy for people with weak moral foundations to enter the election process, then the election becomes only technical. Such an election cannot carry the essence of democracy. It also pollutes politics. On the other hand, when criminal and corrupt people enter the election, the election itself becomes devoid of an agenda. Instead, it leads to a show of money and power. In such a situation, politically, theoretically and ideologically committed, moral, and ideal people remain outside the election process. Therefore, keeping the tainted out of the election process is an attempt to make the election lively, save the essence of democracy, and create a situation where people who are committed from a political, theoretical, and ideological perspective get an opportunity and ultimately the governance process is conducted by qualified people. On the other hand, the tainted may win the election, later be convicted of various charges, be suspended, or the position of MP may become vacant. In such a case, the people of the concerned area may not have a representative or the expenses may increase due to having to hold a re-election. That is why it is necessary to be strict in the qualifications of the candidates.
A partial alternative to keeping the tainted out of the election process is for the parties not to give such people a place, not to make them candidates. Often, tainted people enter politics from different parties and get the accusations/evidence against them to be politically covered up. If the parties do not give them a place, the politics and entry of the tainted person into parliament will be greatly reduced. But candidacy can also be given freely. Therefore, strict provisions are also necessary in the law. At this time, there is no House of Representatives, so there is no situation for making laws through the regular process. Therefore, the government can bring an ordinance. In particular, an ordinance is needed in such a situation and subject. If an ordinance with the objective of making the elections fair is issued, the stakeholders will welcome it, and the citizens will also be happy. Therefore, the government should bring an ordinance that at least includes the provisions proposed by the Commission.
