The state will also have to bear the cost of by-elections immediately after the House of Representatives elections. A large number of positions have become vacant after provincial assembly members and local level officials resigned to run in the House of Representatives elections.

16 members of the Provincial Assembly and 11 members of the local level, including the mayor/deputy mayor, chairman and vice chairman, have resigned.

With about 2 years of tenure remaining, 16 members of the Provincial Assembly have resigned and become candidates. The 5-year tenure of the elected members of the Provincial Assembly will end in Mangshir 2084. Similarly, 7 city mayors, 2 rural municipality chairmen, 1 city deputy mayor, and 1 rural municipality vice chairman have resigned to participate in the House of Representatives elections. The tenure of those elected at the local level is until Baisakh 2084. 

Apart from the resignation to participate in the House of Representatives elections, the seat of one Provincial Assembly member is vacant. The Supreme Court had revoked the seat of Rajiv Gurung (Deepak Manange) in Ashar last Asad for being convicted of a criminal offense. He was elected as a member of the Gandaki Provincial Assembly from Manang.

Similarly, the position is vacant in Lumbini Cultural Municipality of Rupandehi due to the death of the mayor elected by the Congress. That position is also vacant as the chairperson of Agnisar Rural Municipality of Saptari has already resigned. Ahead of the House of Representatives elections, Bhakti Prasad Sitaula of Koshi Province, Ram Chandra Mandal, Rahawar Ansari, Bharat Prasad Sah and Satish Kumar Singh of Madhesh Province have resigned from the posts of Provincial Assembly members. 

Similarly, Aman Kumar Maskey, Basanta Prasad Manandhar, Prakash Shrestha, Yubaraj Dulal, Kundan Raj Kafle of Bagmati Province, Dhan Bahadur Maski, Dharma Bahadur Chaudhary, Krishna KC of Lumbini, and Kanhaiya Baniya of Rupandehi have resigned. Tara Prasad Joshi has resigned from the Far West member.

At the local level, Ilam Suryodaya Municipality Mayor Ran Bahadur Rai, Okhaldhunga Likhu Rural Municipality Vice-Chairman Asmita Thapa, Morang Rangeli Municipality Mayor Dilip Kumar Agrawal, Sunsari Dharan Sub-metropolitan City Mayor Harkaraj Rai and Solukhumbu Thulung Dudhkoshi Rural Municipality Chairman Asim Rai have resigned.

Kathmandu Metropolitan City Mayor Balendra Shah, Kavre Dhulikhel Municipality Mayor Ashok Kumar Byanju Shrestha, Bharatpur Metropolitan City Mayor Renu Dahal, Syangja Kaligandaki Rural Municipality Chairman Khim Bahadur Thapa, Banke Nepalgunj Sub-metropolitan City Deputy Mayor Kamaruddin Rai and Kailali Tikapur Municipality Mayor Ramlal Dagoura Tharu have resigned.

Acting Chief Election Commissioner Ram Prasad Bhandari says that since the Election Commission is currently focused on the 21 Falgun election, other election issues will be addressed only after that. He mentioned that by-elections should be held as per the provisions stipulated by law.

There is a legal provision to fill a vacancy through by-elections if the term of the Provincial Assembly lasts more than 6 months and for any reason. Similarly, in the case of local levels, there is a provision to hold by-elections if the term of office is one year remaining. Section 68 of the Provincial Assembly Election Act contains a provision related to by-elections.

‘If a member’s post falls vacant for any reason while the term of the Provincial Assembly is more than 6 months, the vacant member’s post shall be filled through a by-election,’ the section states. The Election Commission has been given the authority to announce the date of the by-election.

Similarly, the Local Level Election Act states that if a member’s post falls vacant for any reason before the term of office expires, the vacant post shall be filled through a by-election for the remaining term. However, it is stated that no by-election shall be held if the term of office is less than one year. The term of office of all those who are currently vacant was 16 months.

‘If the post of the head of the District Coordination Committee, deputy head, rural municipality chair, vice-chair and ward chair and the head, deputy head and ward chair of the municipality falls vacant for any reason before the term of office expires, such vacant post shall be filled through a by-election on a date specified by the government for the remaining term of office in consultation with the Election Commission,’ Section 3 (2) of the Local Level Election Act states.