Section 19 of the House of Representatives Election Act stipulates that political parties must submit to the Commission the name and signature of the official who issued the formal letter of nomination.
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The Commission has shown flexibility in changing the name of the signatory previously specified in the nomination letter provided by the party to a candidate running for a political party, if the party concerned so wishes.
There has been a dispute in the Congress over the issue of the signatory of the nomination letter. The name of President Sher Bahadur Deuba and a sample of his signature have been sent to the Commission as the authorized person to sign the nomination letter on behalf of the Congress.
Protests have increased within the party over Deuba's name being sent to the Commission even after he gave the responsibility of the acting president to Purna Bahadur Khadka. On the demand of the special general convention supporters, Deuba's name should be removed from the authorized person to sign the nomination letter and the name of Acting President Khadka or another office bearer should be sent. Deuba is understood to be flexible in that regard.
Section 19 of the House of Representatives Election Act stipulates that political parties must submit the name and sample signature of the official who will provide the formal letter of nomination to the Commission. In order to register a party for election purposes, the party had to submit such a letter and sample signature within the time limit set between 1-14 Mangsir. Accordingly, all the parties had submitted the names of the persons signing the nomination papers (tickets given to candidates by the party) and the signatures of the office bearers to the Commission.
Looking at the dispute within the Congress Party, the Commission is not in a position to make a big issue of changing it. An official from the Commission's Legal Division said that the Commission is flexible in making changes if necessary, as the party concerned has the right to decide who will distribute the nomination papers and whose signatures will be on them.
The Act states that the party concerned should submit such names and signatures to the Commission within the period specified by the Commission before the date of filing the nomination papers of the candidates. The direct candidacy nomination is being held on 6th Magh. The Commission should send the sample signatures to election officers across the country. If the signatures are changed, they should be sent across the country.
The Janata Samajwadi Party Nepal and the Loktantrik Samajwadi Party have applied to the Commission in the process of unification of the two parties. The two parties had earlier sent separate names of the office bearers who will distribute the nomination papers. After the unification process, both parties have submitted a request to the Commission to distribute tickets through joint signatures.
The Commission has received an application from both JSP President Upendra Yadav and LOSPA President Mahantha Thakur, stating that the nomination papers have been signed by them. The Commission should also decide according to their demands.
There has been no inquiry or correspondence in the Commission regarding this. The law does not say anything about changing the signature. If such a demand is made, the Commission will take the necessary decision regarding it, said a law official.
