Chapter – 10
65. Bye-election: If a post of Member of the Constituent Assembly elected under the First Past The Post Electoral System falls vacant at the time when the term of office of the Constituent Assembly shall remain valid for a period more than six months, the Commission shall fulfill such vacant post through bye-election.
66. Provision for tendered ballot papers :
(1) If anyone has, by impersonation, already obtained the ballot paper or voted in the name of another voter, and the person who has come afterwards to vote, is found, from the evidence submitted by him/her, to be the real voter, the Polling Officer shall give a tendered ballot paper to such a voter. Where such tendered ballot paper is given, after the voter has indicated his/her vote on the ballot paper, such a ballot paper shall not be inserted into the ballot box but shall be placed in a separate envelope kept for that purpose.
(2) The procedures for giving and placing of the tendered ballot paper pursuant to Sub-section (1) and other procedures pertaining thereto shall be as prescribed.
(3) While counting the votes pursuant to the provisions of this Act, the tendered ballot papers placed in a separate envelope pursuant to Sub-section (1) shall not be counted at that time. If a petition relating to the election is filed and the court holds that the tendered ballot papers are necessary to settle the petition, the court may also count such tendered ballot papers.
67. Deposit to be furnished:
(1) To be a candidate under First Past The Post Electoral System from any election constituency, a sum of three thousand Rupees shall have to be deposited, and a Political Party submitting a closed list of the candidates before the Commission for an election under the Proportional Electoral System shall have to deposit a sum of ten thousand Rupees.
(2) If more than one nomination paper is filed for one candidate in one election constituency for election under First Past The Post Electoral System, it shall be sufficient to furnish the deposit for one nomination only.
(3) While filing a nomination paper for a candidacy of the election under First Past The Post Electoral System, the nomination paper submitted to the Office of the Returning Officer must include the cash or bank receipt of the cash deposit. When a Political Party submits a closed list of the candidates before the Commission for the election under the Proportional Electoral System, the closed list must be accompanied by a receipt of a cash deposit or bank receipt in favour of the Commission.
68. Forfeiture of Deposits:
(1) The deposit of the candidate who receives less than ten per cent of the total valid votes cast in any election under First Past The Post Electoral System shall be forfeited. Provided that, in the case of the elected candidate, this provision shall not be applicable.
(2) If any Political Party fails to win at least one seat from the total valid votes cast in the election under the Proportional Electoral System, the deposit furnished by such Political Party shall be forfeited.
(3) Except where the deposits are liable to be forfeited pursuant to sub- section (1) or (2), the candidates and persons whose nomination papers have been rejected or who have withdrawn their names, shall get back their deposit within
three months after the declaration of election results.
(4) If the deposit is not withdrawn within the time frame as referred to in Sub-section (3), the sum of deposit shall be credited to the Consolidated Fund.
69. Election expenses :
(1) The ceiling of the amount allowed to be expended by the candidate in the election under First Past The Post Electoral System and by the Political Party in the election under the Proportional Electoral System shall be as prescribed by the Commission upon a notification published in the Nepal Gazette.
(2) A Political Party, a candidate, or its/his/her election agent shall have to maintain the records of all expenses incurred in the election during the period of election in such a format as may be prescribed. Explanation: For the purposes of this Section, “period of election” means the period beginning from the date of filing of the nomination paper of the candidates for the First Past The Post Electoral System or from the date of the filing of the closed list of candidates for the Proportional Electoral System to the date of declaration of the election results.
(3) The total expenditure incurred by any Political Party or candidate in the election shall not exceed the ceiling of expenses as prescribed in Sub-section (1).
(4) In the case of the Proportional Electoral System, the statement of election expenses as referred to in sub-section (2) shall have to be given to the Commission by the Political Party within thirty five days after the declaration of the election results and the expenses incurred in the case of the candidates of the election under the First Past The Post Electoral System the same shall have to be given to the District Election Office by the candidates or their agents within thirty five days after the declaration of election results. The District Election Office shall have to forward the statement of expenses so received to the Commission.
70. Secrecy of documents related to election :
(1) Out of the documents used in the election, those required for the purpose of the counting of the votes shall be opened and looked into and sealed after the completion of the counting of the votes and, thereby, shall be kept in custody of the District Election Officer.
(2) The sealed envelopes, bags or sacks containing the counterfoils of the ballot papers sealed pursuant to Sub section (1), the Electoral Rolls used in the polling, and the valid and invalid ballot papers may be opened and looked into only by the Court in connection with the petition filed pursuant to the prevailing laws.
(3) After they have been opened and looked into by the order of the Court pursuant to Sub-section (2), the Court shall seal and restore them in their original form. No official or body other than the Court shall have the authority to open and look into such sealed envelopes, bags or sacks.
(4) The documents mentioned in this Section shall be preserved for three months from the date of the final settlement of the case, if any filed, and from the date of the expiry of limitation for filing a petition if no case has been filed.
71. Prohibition on divulgence of secrecy:
(1) Except as authorized by the law, any employee deputed in performing the act relating to election or candidate or election agent or polling agent or counting agent or any other person shall not divulge to any person, write or disclose in any manner, the vote marked by the voter in the ballot paper or any other matter pertaining thereto known to him/her or which he/she comes to know.
(2) Notwithstanding anything contained in this Act or other prevailing laws, no witness or person shall be asked in the course of legal proceeding instituted under this Act any question as to whom he/she has voted for election or who has voted for whom.
72. Power to issue orders and give directives :
(1) In addition to the matters contained in this Act and the Rules framed under this Act, the Commission may issue necessary orders in regards to the elections and the Commission shall publish such orders in the Nepal Gazette.
(2)The Commission may issue necessary directives to the employees deputed in the act of election for the conduct of the election.
(3) It shall be the duty of all including the Government of Nepal, governmental offices and bodies, governmental, semi governmental and non- governmental organizations and bodies, Political Parties, candidates and their agents, as well as person carrying out election canvassing and the employees deputed in the act of election to abide by the orders and directives issued by the Commission pursuant to this Section.
73. Power to seek assistance:
(1) The Returning Officer, the Polling Officer or Monitoring Team, Observer or any official deputed by the Commission in the act of election may, in the course of the act of election, seek assistance from any governmental body or body relating to security including the police at the local level.
(2) If assistance is so sought pursuant to Sub-section (1), it shall be the duty of the concerned police as well as government and security related body to render the necessary assistance.
74. Power to frame Rules: The Commission may frame necessary Rules in order to carry out the objectives of this Act.
75. Power to formulate and enforce directives: The Commission may formulate and enforce necessary manuals to implement the objectives of this Act subject to this Act and the Rules framed under this Act.
75A. Power to make procedure : the commission may make necessary procedure for implementation of this act or Rule made thereunder this Act and such procedure shall come into force .
76. Power to remove difficulties: If any difficultly arises in connection with the implementation of this Act and Rules, manuals and orders issued under this Act, the Commission may issue necessary orders to remove such difficulty.