Kathmandu July 4 : The Election Commission has passed the draft of the Integrated Election Act. The decision to send the draft of the Election Act to the government was made in monday’s meeting of the Commission.

The Commission has proposed some new provisions in the election-related laws. The proposal includes provisions for ‘No Vote,’ voting rights for citizens living abroad, and a new provision for 33% women candidates in elections.

33% women candidates mandatory

For the elections of the House of Representatives and Provincial Assemblies, political parties have been proposed to field a mandatory 33% women candidates. This subject is mentioned in the draft of the Integrated Election Act prepared by the Election Commission.

In Clause 74 of the draft, it states, “When nominating candidates for the position of Member of the House of Representatives or Member of the Provincial Assembly, the political party shall nominate at least 33% women candidates in the electoral constituency they are contesting.”

Similarly, a provision has been made to have at least one female candidate for the position of Chairperson or Vice-Chairperson, Chief or Deputy Chief in the local level. This provision was also in place before. However, now the provision has been made for only one position to have a female candidate.

Likewise, in the position of Chairperson, if there is a provision of nomination, the provision has been made in the draft of the Election Act to field at least 33% women candidates.

“In the position of Chairperson, if there is a provision of nomination, the political party shall nominate at least 33% women candidates for the entire position of Chairperson in the concerned local level,” it is mentioned in the same clause (g) of the draft.

Disclosure of property details by candidates and their families

In the Integrated Election Act, there is a provision for candidates to submit property details. The draft prepared by the Election Commission mentions the disclosure of property details of the candidate and the members of their family.

“In elections, when a candidate submits a nomination paper, they shall submit the details of their property in a prescribed format and also submit the details of the property in the name of themselves and their family members,” states the draft of the Act. It further mentions that such details shall remain confidential.

Candidates can make their property details public if desired

In the election, the candidate can make their property details public. Such provision has been made in the Integrated Election Act.

When a candidate participates in the election, they can submit their property details according to the prescribed format and make the information about the property public.

When will the elections take place?

The date for elections has been mentioned in the Integrated Election Bill. Previously, there was uncertainty in elections. The date for the election of the President or Vice-President is three days before the completion of their term.

For the members of the House of Representatives or Provincial Assembly, the date for the election is one year and eleven months after the announcement of the final election results of such bodies on the first Sunday.

For the members of the National Assembly, the date for the completion of their term is one month before the first Sunday.

For the elections of the Chief, Deputy Chief, Chairperson, Vice-Chairperson, Ward Chair, and Ward Member of the local level, the date for the announcement of the election results is within fifteen days from the day specified by the concerned election officer.

The provision of ‘No Vote’

In the election law, the provision of ‘No Vote’ has been made. Although the Supreme Court had previously directed to implement this provision, it was not enforced. The Election Commission has proposed to include this provision in the election law.

As stated in Article 205, “If any voter does not support any candidate in the election as per Sub-section (4), Clause (gh) of Section 95, the Election Commission can make arrangements for voting on the ballot paper according to the voter’s preference without supporting any candidate.”

In the event that the number of votes not supporting any candidate exceeds 50 percent of the total valid votes cast in such an election, the election will be canceled. If the election is canceled, the election program will be published again to conduct a re-election according to the provisions of the election law.

Voting Rights for Citizens Residing Abroad Citizens

Residing abroad citizens can vote according to the provisions made in the election law. As stated in Proposal 204 prepared by the Election Commission, “The Election Commission can arrange for voting through the Nepali diplomatic missions or with the assistance of the Nepali diplomatic mission in the country where the voter is residing or for the country concerned if the name of the voter residing abroad or for the country concerned is included in the voter list as per Schedule 23.”

The voting arrangement allows such voters to cast their votes according to the proportional representation system as per the election procedure, and there is also a provision for online voting.

As stated in Sub-section 5, “Even if any other provision is made in this regard, if the Election Commission is convinced of the security of the votes cast or to be cast through the information technology (online) system, there will be no obstacle to voting in the election according to Sub-section 2.”

Not Being Elected as a Proportional Representative More Than Twice

The provision has been made that a person who has been elected as a proportional representative twice in the Federal Parliament, Provincial Assembly, or Local Body cannot be a candidate in any level.

In the proposed Election Act, it is stated in Section 67, “A person who has been defeated as a candidate in the member position of the Federal Parliament, Provincial Assembly, or Local Body will not be eligible to be a candidate in any election of that level until the completion of the term of office of that position.” This provision is mentioned in Section 67.

However, such a person can be a candidate in the by-election of the same election area or the same position in the by-election.

The government will present the proposal sent by the Commission to the Parliament as a bill.