Chapter 4 Election of the Prime Minister

Chapter 4
Election of the Prime Minister

7. Election of the Prime Minister:

(1) Election of the Prime Minister shall be conducted on the basis of political consensus pursuant to Sub-Article (1) of Article 38 of the  Constitution.

(2) In case there is no political consensus as per Sub- rule (1), the election of the Prime Minister shall be held on the date and at the time as prescribed by the Speaker and the notice thereof shall be publicized by the Secretary General.

(3) Any Member may, within the fixed time of the day  as determined for conducting the election of the Prime Minister, furnish a notice of a motion to the Secretary General fulfill the necessary detail determinate the notice of Candidacy in the format of referred Schedule- 1 along with one proposer Member and one supporter Member for appointing himself/herself to the office of the Prime Minister.

(4)After finished the time for submission the notice of  the Candidacy, the Secretary General prepare the list of the Candidacy as a register order which acquired within the time and shall publish it.

(4) Upon submission by the concerning Member of the notice of the Candidacy referred to in Sub-rule (3) to the sitting, the Member proposing and seconding the notice of Candidacy shall support it.

(5) In case the notice of the candidacy referred to in Sub-rule (3) is received only one, the Speaker shall, upon the statement of the proposing and seconding Member, shall introduce such candidacy in the Assembly for decision. Division the vote, upon the candidacy pursuant to Sub-Rule.

(7), such candidacy is passed by a majority of the total  Members of the Legislature- Parliament present at the moment, shall declare the concerned Member has been elected to the office of the Prime Minister. Provided that, In case the such candidacy could not be passed by majority as required pursuant to Sub-Article (2) of
Article 38 of the Constitution, the Speaker shall declared the election process became ended which has commenced
pursuant to Sub- Rule (2).

(6) In case, more than one notice of candidacy is received pursuant to Sub-Rule (3), there shall be a short discussion on the notice of all candidacy upon statement of the proposing and Seconding Member of candidacy on the order of registration and the Speaker shall provide the time to these Member who wants withdrawal his / her candidacy as a informal before the sitting. After finished the time of withdrawal of candidacy, the Speaker shall introduce the notice of all candidacies at the present before the Assembly for decision at the same time. Among such candidacy, which candidacy acquired a majority of the total Members of the Legislature Parliament present at the moment pursuant to Sub-Article (2) of Article 38 of the Constitution, shall be deemed to have been elected.

(7) The decision of the Legislature-Parliament on the notice of candidacy calling for electing the Prime Minister pursuant to Sub-rule (3) shall be made by division of votes. If only one notice of Candidacy has received, the Speaker shall collect the votes by getting the members for the candidacy or saying “Yes” and against the candidacy or “No”-voting members to enter the lobby through different doors, in case more than one notice of candidacy have received, the Speaker shall collect the vote to enter the lobby through different doors the member who support of the each candidacy. The Speaker shall forecast the result of the vote counting immediately and no one also shall disagree with that such result.

(8) Two or more than two notice of candidacy received and introduced the notice on the process pursuant to Sub- Rule( 7) for decision , In case any Member  could not be majority as required of the total Members of the Legislature-Parliament present at the moment pursuant to Sub-Article (2) of Article 38 of the Constitution, the Speaker shall call the sitting of the Legislature-Parliament again for the purpose of introducing the notice of all candidacies for decision.

(9) If introduced the notice of all candidacy again pursuant to Sub- Rule ( 8), any Member could not be majority as required pursuant to Sub- Article (2) of Article 38, and the notice of only two candidacy required at that moment, the Speaker shall declare the end of election process which has been commencement pursuant to Sub –Rule(2).

(10) If Three or more than three notice of candidacy received pursuant to Sub- Rule (8) and introduced the notice of all candidacy again for decision, any Member could not be majority as required pursuant to Sub- Article (2) of Article 38 of Constitution, the notice of two candidacy whom acquired the vote all of the most, the Speaker shall call the another sitting of Legislature- Parliament for the purpose of the notice of the candidacy second time again for the decision.

(11) If the notice of two candidacy whom acquired the vote all of the most introduced second time again for the decision pursuant to Sub-Rule (10), any Member could not be majority as required pursuant to Sub- Article (2) of Article 38 of Constitution, the Speaker shall declare the end of election process which has been commencement pursuant to Sub –Rule (2).

(12) In case the election process ends declare by the Speaker pursuant to Sub-Rule (5), (9) or (11), purpose of the election, shall be followed the election process pursuant to Sub-(2).

(13) Notwithstanding anything contained in the Rule 41 and 42 of the Constituent Assembly Rule, 2070 and Rule 165 in this Rule, to be the election of the Prime Minister pursuant to in this Rule, except as per the law, no one Member shall be absence or “not cast the vote.”

(14) The Speaker shall submit to the President the information of election of the Prime Minister under this Rule.

(15) In case the office of the Prime Minister falls vacant for any reason whatsoever, the vacant post shall be fulfilled having followed the procedures referred to in this Rule.

8. Oath of Office by Prime Minister: The Prime Minister shall, prior to assuming the office, take an oath of office and Secrecy before the President pursuant to Article 42 in the format referred to in Schedule -2.