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The
Constitution of the Kingdom of Nepal
Part 15 Election Commission
Article 103 Election Commission
(1) There shall be an Election Commission of the Kingdom of Nepal consisting
of a Chief Election Commissioner and such number of other Commissioners
as may be required. If apart from the Chief Election Commissioner other
Election Commissioners are appointed, the Chief Election Commissioner
shall act as the Chairman of the Election Commission.
(2) His Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chief Election Commissioner and other Election Commissioners.
(3) The term of office of the Chief Election Commissioner and other Election
commissioners shall be six years from the date of appointment. They shall
be eligible for reappointment: Provided that: -
(a) if before the expiry of his term, the Chief Election Commissioner
or an Election Commissioner attains the age of sixty five, he shall retire.
(b) The Chief Election Commissioner and other Election Commissioners may
be removed from their offices on the same grounds and in the same manner
as has been set forth for removal of a Judge of the Supreme Court.
(4) The office of the Chief Election Commissioner or an Election Commissioner
shall be deemed vacant in the following circumstances: -
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted
by Him; or
(c) if pursuant to clause (3) his term expires or he is removed from his
office.
(5) No person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner unless he:
(a) holds a Bachelor's Degree from a university recognised by His Majesty's
Government;
(b) is not a member of any political party immediately before appointment;
and
(c) has attained the age of forty five.
(6) The remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall be as determined by
law. The remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall not, so long as they
hold office, be altered to their disadvantage.
(7) A person once appointed to the office of the Chief Election Commissioner
or an Election Commissioner shall not be eligible for appointment in other
Government Service: Provided that: -
(a) nothing in this clause shall be a bar to appointment of an Election
Commissioner as Chief Commissioner, and when a Commissioner is so appointed
as the Chief Commissioner, his term of office shall be computed as to
include his term as Commissioner.
(b) nothing in this clause shall be a bar to appointment to any position
of a political nature, 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, opinions
or recommendations after carrying out studies or research on any subject.
Article 104 Functions, Duties and Powers of the
Election Commission
(1) The Election Commission shall, subject to the provisions of this Constitution
and other laws, conduct, supervise, direct and control the elections to
Parliament and Local Authorities at the village, town and district levels.
For these purposes, the Election Commission shall prepare the electoral
rolls of voters.
(2) If, after nominations for election to Parliament have been filed but
before the election is completed, a question arises whether a candidate
is disqualified or has ceased to possess the qualifications set forth
in Article 47, final decision thereon shall be made by the Election Commission.
(3) The Election Commission may delegate any of its functions, duties
and powers to the Chief Election Commissioner, a Commissioner or any employee
of His Majesty's Government to be exercised and complied with subject
to the specified conditions.
(4) Subject to this Constitution, other functions, duties and working
procedures of the Election Commission shall be as regulated by law.
Article 105 Election Constituency Delimitation
Commission
(1) His Majesty shall, on the recommendation of the Constitutional Council,
constitute an Election Constituency Delimitation Commission. The tenure
of the Commission shall be as specified by His Majesty.
(2) After determining the number of seats in the House of Representatives
for each district pursuant to Article 45, The Election Constituency Delimitation
Commission shall delimitate the constituencies in districts having more
than one seat; and in so delimitating the constituencies, the Commission
shall give due consideration to the boundaries, the geographical conditions,
the density of population, the transportation facilities, and the communal
homogeneity or heterogeneity of the local residents in the administrative
districts.
(3) No question shall be raised in any court on matters of allocation
of seats to a district and the delimitation of constituencies made by
the Election Constituency Delimitation
Commission pursuant to clause (2).
(4) The remuneration and privileges of the Chairman and the members of
the Election Constituency Delimitation Commission shall be similar to
those of the Chief Election Commissioner and the Election Commissioners
respectively.
(5) Subject to this Constitution, other functions, duties and working
procedures of the Election Constituency Delimitation Commission shall
be as regulated by law.
Article 106 Election Court
Petitions concerning elections shall be entertained by a court prescribed
by law.
Article 107 Restriction on Court Interference
in Matters Relating to Elections
Notwithstanding anything contained in other Articles of this Constitution,
unless a petition is filed in the manner prescribed by law in the court
prescribed under Article 106, no question shall be raised in any court
regarding any election to the membership of Parliament.
Article 108 His Majesty's Government to Provide
Necessary Employees to the Election Commission
His Majesty's Government shall provide such necessary employees and other
things as may be required to carry out the functions of the Election Commission
in accordance with this Constitution.
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