How to compensate for a messy election?

The main contenders in the election spend many times more than the stipulated amount, and neither make the actual details public nor submit them to the commission. The commission itself does not have a strong mechanism to regulate it.

Magh 15, 2082

Kul Chandra Newpane, Rajesh Mishra, Ganga BC, Durga Dulal

How to compensate for a messy election?

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There is no sign of improvement in the trend of political parties and candidates spending in an opaque and uncontrolled manner on election campaigns this time either. Candidates have already started campaigning in a flashy manner even before the stipulated campaign period of 4-18 Falgun has arrived.

 

During the election, all activities such as campaigning, meetings, rallies, and door-to-door visits by candidates are associated with expenses. The more flamboyant the campaigning, the more the expenses increase. Political parties and candidates tend to hide details of income and expenses. 

A study by the Democracy Resource Center concluded that corruption is encouraged by the influence of businessmen, donors, and vested interests due to the lack of parties in financial discipline. Although questions are being raised about the financial discipline of the election, parties and candidates have not been held accountable. 

According to a study conducted by the International Foundation for Electoral Systems (IFES), 57 percent of candidates in the 2074 House of Representatives election spent more than the specified limit. In the 2074 election, the maximum limit that a candidate could spend was Rs. 2.5 million. For the upcoming House of Representatives election, the limit for spending has been set at Rs. 2.2 million to Rs. 3.3 million, depending on the constituency. 

A study conducted by the Election Observation Committee found that the average expenditure of the winning candidate in the 2074 House of Representatives election was 20.13 million, while the average expenditure of the runner-up was 10.49 million. The study report states that candidates who spend more money in the election are more likely to win. According to those involved in the observation, the expenditure of candidates has increased further in 2079. There has been no institutional study on the expenditure of candidates in the elections three years ago.

The election code of conduct states that no more than 25 people can be taken out to nominate candidates. However, various studies have shown that this is being violated everywhere, be it in Jhapa-5, Sarlahi-4 or the constituencies of Kathmandu.

On the day of nomination of candidates, UML and Rashtriya Swayamsevak Sangh (RSS) had demonstrated their strength in Jhapa-5 on 6th Magh. UML Chairman KP Sharma Oli and senior leader of RSSP Balendra Shah had reached the office premises of the Returning Officer with a large crowd.

How to compensate for a messy election? Congress President Gagan Kumar Thapa had registered his nomination papers through Wares in Sarlahi-4. Although Thapa was absent, hundreds of Congress leaders and workers had reached the office of the Election Officer along with vehicles during the nomination registration. A procession with dance and songs took out when NCP President Pushpa Kamal Dahal registered his nomination in Rukum East.

According to Election Commission spokesperson Narayan Prasad Bhattarai, clarifications are sought when complaints are received with evidence. Due to the complaint, the Commission had sought clarification from Dolakha's Rashtriya Swayamsevak Sangh (RSS) candidate Jagadish Kharel on 25 Magh. In it, Kharel was asked to submit a reply within three days stating whether he had used the party flag in a manner that was against the code of conduct and had taken out a procession of more than 25 people during the nomination registration. The other candidates were exempted as no complaints were filed.

  A clarification is sought in cases where a complaint is received with evidence  -  Narayan Prasad    Bhattarai, spokesperson,   Election Commission The complaint mentioned that vehicles and a helicopter were used. The complaint was put on hold saying that no factual basis was found for the vehicles brought by Deuba and that the helicopter was used with the consent of the Election Commission.  In the 2079 House of Representatives election, a complaint was filed alleging that the code of conduct was violated when the then Prime Minister and Congress President Sher Bahadur Deuba reached Dadeldhura. In the event where Deuba was present, 47
Anti-corruption activist and analyst Dipesh Ghimire says that some candidates may exceed the Rs 3.3 million expenditure limit set by the commission during the nomination process. ‘Where do candidates get their money from? The question lies in the source of it,’ he says, ‘The commission has still not been able to tighten transparency in income and expenditure and adherence to the code of conduct.’

He also said that due to the competition in the campaign, a situation has arisen where people who cannot spend large sums of money cannot become candidates. During the election campaign, candidates spend on posters, banners, pamphlets, social media, videos, transportation and meetings, mobilizing workers, catering and accommodation, voter materials, etc. There is a big gap between the actual expenses and the details submitted to the Election Commission. 

According to the commission, candidates in the upcoming House of Representatives member elections in Kathmandu can spend a maximum of 2.5 million rupees. Similarly, the limit for spending has been set at 1.7 million in 22 constituencies, 2.9 million in 65 constituencies, 3.1 million in 52 constituencies, and 3.3 million in 26 constituencies. The commission has also tried to tighten campaigning through the code of conduct so that the expenditure is within the prescribed limit. 

It has been said that candidates can use only a maximum of 2 vehicles with the permission of the election officer. The code of conduct states that a maximum of 4 horses can be used in places where vehicles are not allowed. The distribution of T-shirts and caps has been banned. There have also been controls on posters and pamphlets. It has been said that only a certain number of banners of a certain size can be put up. Candidates say that election campaigning cannot be done within the limits set by the code of conduct. 

Congress leader Shashank Koirala had publicly stated that he spent Rs 60 million while contesting from Nawalpur-1 in the 2074 election. Before that, he had said that he spent Rs 30 million in 2070. After such a statement, the Commission asked him for clarification. He himself had submitted to the Commission the details of spending only Rs 2.175 lakh in the 2074 election.

Shyam Ghimire  ,   Chief Whip, Nepali   Congress Shyam Ghimire, who was the Chief Whip of the Nepali Congress in the dissolved House of Representatives, says that the expenses incurred by candidates in the election field and the limits set by the Commission are completely unreasonable. According to him, the limit set by the Commission is spent before reaching the district after receiving a ticket from the party. ‘A candidate cannot win an election without spending Rs 50 million, and there is no way to say that he will win even if he spends that much,’ said Ghimire, who was elected from Sindhuli-1 in 2079 BS. ‘A person with a weak financial situation should think ten times before contesting an election.’  A person with a weak financial situation should think ten times before contesting in the election.- 

Economist Chandramani Adhikari says the main sources of the billions spent in elections are hidden funds, investments from industrialists and businessmen, and donations. ‘Because such funds are obtained through informal means, they do not show the accounts transparently,’ he says. According to Adhikari’s survey, the expenditure in the 2079 BS elections was seven times more than the limit set by the commission. ‘A candidate was found to have spent between Rs 20 million and 100 million. In this way, Rs 1.5 billion came into the market in the last election,’ he says, ‘but no party wants to bring the real source of income.’ 

When Sushil Koirala was the president of the Nepali Congress, efforts were made to make financial collection transparent in the 2070 BS elections. The names of donors and the amount received from them were kept on the website so that the general public could see them. But that practice did not last long. Even then, the amount received informally was not shown.

After Sher Bahadur Deuba became the party president, the party's income and expenditure account was never transparent. The leadership in the Congress has recently changed, with Gagan Kumar Thapa becoming the president. General Secretary Pradeep Poudel says that due to lack of time, it was not possible to develop a transparent financial system for the elections. 'As soon as the new working committee came, it became necessary to decide on the candidates and send them to the elections. There was no facility like before. A transparent system of support and donations received by the party could not be developed,' he says.

In the 2079 election, President Deuba had spent four hundred thousand rupees along with the ticket. Even then, some candidates used to take money from the leadership in the second and third phases based on access. Those who had a strong financial position, had become ministers, and businessmen had to raise financial support themselves. Ramhari Khatiwada, a member of the dissolved House of Representatives, shares his experience that election competition has become very expensive. He says, ‘I am still paying off the debt incurred in the 2079 elections.’

Another outgoing Congress MP, Hridayram Thani, says that the middle class cannot afford the elections due to the increasing expenses in the elections. ‘Due to expenses, the elections have become like an iron fist for the candidates, on the other hand, due to the impractical standards of the commission, transparency in expenses has not been adopted.’ 

The main source of income of political parties is the fees received from the distribution and renewal of active membership. Apart from that, the Congress collects ‘levy’ from MPs and ministers. But the amount received from ‘levy’ has been used to cover the salaries and allowances of employees. ‘This time, we have not even been able to give money as a token of love along with the ticket,’ said General Secretary Poudel. 

UML used to provide institutional election expenses along with the ticket in the past. In the 2079 elections, expenses were distributed to each candidate at the rate of five lakh rupees. The UML has stated that internal homework is being done to raise election expenses. ‘This time, since the expenses for the statute and national convention are huge, no decision has been made on providing expenses to the candidates,’ said Secretary Rajan Bhattarai. The UML’s main source of income is also donations, but the calculation of these is not transparent.

The then Maoists had given Rs 5 to 1 million to direct candidates in the 2079 election, depending on the constituency. At that time, there were 47 direct candidates from the Maoists. Devendra Poudel, the leader of the NCP, formed after the unification of parties and groups including the Maoists, says that the main source of expenses is financial support.

‘We are prepared to spend based on the donations, those who can will spend, those who cannot will be left behind,’ he says. Another NCP leader, Madhav Sapkota, said that he has opened a bank account for the election and raised funds. Poudel informed that since the local party committee will organize programs in his area, the expenses will also be managed by them.

Acting President of the NCP United, Ghanshyam Bhusal, who was a candidate in Rupandehi-1 in the last election, is not a candidate this time. He said that the election competition is being held separately from ideas and issues, and that the left and non-left parties are increasing their election expenses. “Progressive candidates should go to the election with their cadres with an agenda. The left should think about reducing campaign expenses,” he said.

Progressive Democratic Party leader Ram Karki says that the expenses have increased due to the need to gather crowds, host parties, and pay cadres. “The Election Commission has set a limit on expenses, but the expenses are not transparent. Only the most corrupt candidates can raise election expenses,” he says. 

The accounts of the parties that have emerged as alternative forces are not transparent. The Rashtriya Swayamsevak Sangh (RSS) party, which claims that its main source of income is party membership and donations, has not made its accounts transparent. Public questions are being raised about the vehicle used by senior RSP leader and Jhapa-5 candidate Balendra Shah to his travel expenses. But neither Shah nor the party has given an answer to that.

CK Raut's Janmat Party, on the other hand, had asked in the form filled by those who wanted to become proportional and direct candidates for the upcoming elections, 'Are you able to spend the campaign money (about 30-35 lakhs) set by the Election Commission?' Those who said 'I am able' were told to deposit it in the campaign committee on time. 

According to leaders, the largest share of election expenses for political parties comes from businessmen, construction entrepreneurs and industrialists. These people donate to the party or candidate, in return for which they later expect support in contracts, permits, policy formulation, etc. Details of how much money each businessman gave to which party are never made public.

According to a study conducted by the 'Democracy Resource Center', which has been monitoring the elections, political parties' main expenses are on elections and party conventions. Shekhar Parajuli, executive director of the Democracy Resource Center, says, “When we closely observe all the elections held in 2074 and 2079, we have found that political parties and candidates have violated the law and code of conduct in large numbers.”

Parajuli’s analysis is that the party workers have lost their sense of dedication to the leader and the party. “After winning the election, they have seen that the financial situation of the leaders has changed, and this has led to a feeling among the workers that they should cover the expenses of the candidates,” he says. “Even the food of those participating in the election campaign has become expensive.”

Parajuli also says that as the election approaches, candidates who are under pressure tend to invest in middlemen in the name of buying votes. “By saying that I have so many votes, some middlemen have also made the election an opportunity to earn money,” he says. “Some workers and leaders also have the feeling that 5 years is theirs, one month of the election is ours.”

Khemraj Regmi, former president of Transparency International Nepal, says that political parties and leaders should be transparent in a democracy. ‘There is a cycle of candidates spending as much as possible and becoming ministers and committing corruption,’ he says. ‘For this, along with reforms in the election law, our election campaigning system also needs to be changed. Voters should also be aware and choose people who are good and respect their votes, not for money or other greed.’

Studies conducted by the commission at an informal level have shown that black money is used more during elections. ‘There is no practice of auditing the expenses incurred by political parties and candidates in elections. Both income and expenses are unrealistic. Invisible expenses are more than visible expenses. It has been found that money is transferred to individuals in an invisible manner,’ said an official of the commission. ‘Illegal agreements are made in hotels and oil stores. It is said that as many vehicles as come, they are given oil. Those who come to the hotel are given coupons and food contracts. Goods are delivered to every house in packets on the eve of the election. But action cannot be taken.'

A former Chief Election Commissioner of the Election Commission said that even when it was found that political party candidates distributed money in the parliamentary elections in Syangja and the local elections in Ramechhap in 2074, no action was taken. 'In those two places, the candidates had organized a big puja in the village. Voters gathered there. The candidates had given them tika and given them 1,000 to 1,500 in envelopes to impress them,' he said. 'It was also found that sarees, cholos, and sweaters were secretly distributed to women in various places.'

Although action has been taken against those who violate the election code of conduct in different places, the Chief Election Commissioner said that strict action cannot be taken because the police are not under the commission. 'Somehow, favoritism is seen in the human resources of the state machinery deployed in the elections. Due to political polarization, there is a situation of one being silent and the other being silent. Such wrongdoings do not come to light. प्रहरी, प्रशासन निर्वाचन गराउने निकायअन्तर्गत नहुँदा आयोगको आदेश कार्यान्वयन प्रभावकारी छैन ।’

कार्यवाहक प्रमुख निर्वाचन आयुक्त रामप्रसाद भण्डारी निर्वाचनको स्वच्छताका लागि उम्मेदवार तथा राजनीतिक दलले आर्थिक अनुशासन पालना गर्नुपर्ने बताउँछन् । ‘निर्वाचनमा सबैले बराबरी प्रतिस्पर्धा गरून्, कसैले आफूखुसी चुनावी अभियानलाई भड्किलो र खर्चिलो नबनाउन् भनेरै कानुनमा केही व्यवस्था गरिएका छन् । त्यसैका आधारमा आयोगले खर्चको सीमा तोकेको छ, आचारसंहिता लागू गरेको छ,’ उनी भन्छन्, ‘आचारसंहिताको पालना कडाइमा आयोगले स्रोतसाधन र क्षमताले भ्याएसम्म प्रयास गर्नेछ ।’

राजनीतिक दल वा उम्मेदवारले २५ हजार रुपैयाँभन्दा बढी आर्थिक सहयोग प्राप्त गर्दा बैंक तथा वित्तीय संस्थामार्फत कारोबार हुनुपर्ने आचारसंहितामा भनिएको छ । व्यक्ति वा संस्थाबाट स्वैच्छिक सहयोगका रूपमा नगद लिए सो रकम बुझेको रसिद वा भर्पाइ दिई नगद बैंक खातामा जम्मा गर्नुपर्नेछ । चुनावी प्रयोजनका लागि उम्मेदवार तथा राजनीतिक दलले छुट्टै नयाँ बैंक खाता खोल्न आयोगले निर्देशन दिइसकेको छ ।

How to compensate for a messy election?

त्यसको व्यवस्थापन मिलाउन आयोगले राष्ट्र बैंकलाई आग्रह गरेको छ । उम्मेदवारका नाममा खोलिएको खाताबाटै चुनावका लागि भएको आम्दानी तथा खर्चको हरहिसाब हुनुपर्ने आयोगले भनेको छ । केही उम्मेदवारले सामाजिक सञ्जालमार्फत आर्थिक संकलन अभियान चलाउने गरेका छन् । कार्यवाहक प्रमुख आयुक्त भण्डारी स्वेच्छाले आर्थिक सहयोग पाउनुलाई गलत भन्न नसकिने बताउँछन् ।

‘तर मागिएको चन्दा कुन खातामा गइरहेको छ, चुनावी प्रयोजनका लागि उम्मेदवारले खोलेको खाता हो वा अन्य कुनै खाता भन्ने हेर्नुपर्छ । चुनावका लागि मागिएको चन्दा साथीभाइ, आफन्तजनको खातामा राख्न पाइँदैन,’ उनी भन्छन्, ‘आम्दानी तथा खर्च निर्वाचन आचारसंहिताको परिधिभित्र रहेर गरिनुपर्छ ।’

निर्वाचन (कसुर तथा सजाय) ऐनमा निर्वाचित उम्मेदवारले निर्वाचनमा प्रचलित संघीय कानुनबमोजिम तोकिएको हदभन्दा बढी खर्च गरेको वा निजले अस्वाभाविक रूपले वा गैरकानुनी प्रयोजनका लागि खर्च गरेको वा गैरकानुनी रूपमा सहयोग प्राप्त गरेको रहेछ भनी निर्वाचन बदरको उजुरी दिन सकिने व्यवस्था छ । उजुरी प्रमाणित भए अदालतले निर्वाचित उम्मेदवारको निर्वाचन बदर गर्न सक्ने ऐनको दफा ४३(२) मा उल्लेख छ ।

निर्वाचन आचारसंहिता अनुगमन कार्य हेरिरहेका निर्वाचन आयुक्त सगुनशमशेर जबरा उम्मेदवार वा दलले निर्धारितभन्दा बढी खर्च गर्नै नहुने बताउँछन् । ‘कानुन तथा आचारसंहिताको पालना गर्नु राजनीतिक दल तथा उम्मेदवारको नैतिकताको विषय पनि हो,’ उनले भने, ‘प्रविधिमा आधारित अनुगमन प्रणाली अझै अपनाउन सकेका छैनौं । निश्चित स्रोतसाधनका बीच राम्रो कायसम्पादन गर्न खोजेका छौं । खर्चमा कस्दै ल्याएका छौं । उम्मेदवार र आफन्तजनको बैंक खातालाई निगरानीमा राख्न राष्ट्र बैंकलाई आग्रह गरिसकेका छौं ।’

आयोगमा काम गरिसकेका पूर्वसचिव गोपीनाथ मैनाली नेताहरूले आचारसंहिता पालना कहिल्यै नगरेको बताउँछन् । ‘निर्वाचनका क्रममा कानुन तथा आचारसंहिताको उल्लंघन गर्नेविरुद्ध आयोग कडा कारबाहीमा नउत्रिएसम्म सुधारको सम्भावना देख्दिनँ,’ उनी भन्छन्, ‘सामान्य स्पष्टीकरण, अनुरोध वा आग्रह गरेर मात्रै नहुने भइसक्यो । हिजोको निरन्तता अहिले पनि देखिँदै छ । कसुर हेरेर आयोगले उम्मेदवारी नै खारेज गरिदिनेसम्मको कदम चाल्न सक्नुपर्छ ।’

Kul

Rajesh

Ganga

Durga

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