Part-24 Election Commission

Part-24 Election Commission

Election Commission
245. Election Commission:

(1) There shall be an Election Commission of Nepal,
consisting of a Chief Commissioner and four other Commissioners. The Chief
Commissioner shall act as the chairperson of the Election Commission.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chief Election Commissioner and Commissioners.

(3) The term of office of the Chief Election Commissioner and
Commissioners of the Election Commission shall be six years from the date of
appointment.

(4) Notwithstanding anything contained in clause (3), the office of the
Chief Election Commissioner or Election Commissioner shall be vacant in any of
the following circumstances:

(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.

(5) The Chief Election Commissioner and Commissioners appointed
under clause (2) shall not be eligible for reappointment.
Provided that a Commissioner may be appointed to the office of Chief
Election Commissioner, and when a Commissioner is so appointed as the Chief
Election Commissioner, his or her term of office shall be so computed as to
include his or her term as the Commissioner.

(6) A person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner if he or she possesses the following
qualification:
(a) holding a bachelor’s degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.

(7) The remuneration and other conditions of service of the Chief
Election Commissioner and Election Commissioners shall be as provided for in
the Federal law. The remuneration and conditions of service of the Chief Election
Commissioner and the Commissioners shall not, so long as they hold office, be
altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.

(8) A person once appointed as the Chief Election Commissioner and a
Commissioner of the Election Commission shall not be eligible for appointment in
other government service.

Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
246. Functions, duties and powers of the Election Commission:

(1) The Election
Commission shall, subject to this Constitution and the Federal law, conduct,
supervise, direct and control the election to the President, Vice-President,
members of the Federal Parliament, members of State Assemblies and members of
Local level. For these purposes, the Election Commission shall prepare electoral
rolls.

(2) The Election Commission shall hold a referendum on a matter of
national importance pursuant to this Constitution and the Federal law

(3) If, after nomination of candidacy for the President, Vice-President,
member of the Federal Parliament, member of State Assemblies or member of
Local level has been filed but before the election results are declared, a question
arises about the qualification of a candidate, the Election Commission shall decide
that question.

(4) The Election Commission may so delegate any of its functions,
duties and powers to the Chief Election Commissioner, Election Commissioner or
any government employee as to be exercised and complied with subject to the
specified conditions.

(5) Other functions, duties and powers and rules of procedure of the
Election Commission shall be as provided for in the Federal law.

247 To provide necessary assistance to Election Commission: The Government of
Nepal, State Government and Local Government shall provide such employees and
other assistance to the Election Commission as may be required to perform its
functions pursuant to this Constitution.