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The Constitution of the Kingdom of Nepal

Part 17 Political Organisations

Article 112 Prohibition on the Imposition of Restrictions on Political Organisations or Parties

(1) Persons who are committed to common political objectives and programmes shall, subject to laws made under proviso (3) of clause (2) of Article 12 of this Constitution, be entitled to form and operate political organisations or parties of their choice and to generate or cause to be generated publicity in order to secure support and cooperation from the general public for their objectives and programmes, and to carry out any other activity for this purpose. Any law, arrangement or decision which restricts any of such activities shall be inconsistent with this Constitution and shall be void.
(2) Any law, arrangement or decision which allows for participation or involvement of only a single political organisation or party or persons having a single political ideology in the elections or in the political system of the country shall be inconsistent with this Constitution and shall be void.
(3) The Election Commission shall withhold recognition from any political organisation or any party formed either with the objectives mentioned in clause (2) above or on the basis of religion, community, caste, tribe or region.

Article 113 Registration Required for Securing Recognition for the purpose of Contesting Elections as a Political Organisation or Party

(1) Any political organisation or party wishing to secure recognition from the Election Commission for the purposes of elections, shall be required to register its name with the office of the Election Commission in accordance with the procedure as determined by the Commission. A petition so submitted for registration shall contain clear information about the name of the concerned political organisation or party, the names and addresses of the members of its executive committee or any such other committee and such petition shall be accompanied by the rules and manifesto of the organisation or the party.
(2) Political organisations and parties shall be required to fulfill, in addition to the matters contained in this Part, the following conditions in order to qualify for registration pursuant to clause (1) above:
(a) the constitution and rules of the political organisation or party must be democratic;
(b) the constitution or the rules of the organisation or party must provide for election of office bearers of the organisation or party at least once every five years;
(c) must have complied with the provisions of Article 114; and
(d) must have secured a minimum of three percent of the total votes cast in the election to the House of Representatives:
Provided that the terms and conditions mentioned in this sub-clause shall not apply to the contesting of the first election to the House of Representatives held pursuant to this Constitution.
Explanation: If any candidate belonging to a party which has secured less than three percent of the total votes cast is elected
to the House of Representatives, such person shall be deemed to be an independent not belonging to an organisation or party.
(3) The Election Commission shall not register any political organisation or party if any Nepali citizen of is discriminated against in becoming a member on the basis of religion, caste, tribe, language or sex or if the name, objectives, insignia or flag is of such a nature that it is religious or communal or tends to fragment the country.

Article 114 Woman Candidates
For the purposes of elections to the House of Representatives, at least five percent of the total number of candidates contesting an election from any organization or party must be women candidates.