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 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
- if before the expiry of his term, the Chief Election Commissioner or an Election Commissioner attains the age of sixty five, he shall retire.
- 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:
- if he dies; or
- if his resignation submitted to His Majesty in writing is accepted by Him; or
- 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:
- holds a Bachelor's Degree from a university recognized by His Majesty's Government;
- is not a member of any political party immediately before appointment; and
- 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 o ice, 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
- 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.
- 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.
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 delimit the constituencies in districts having more than one seat; and in so delimiting 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 rather things as may be required to carry out the functions of the Election Commission in accordance with this Constitution.
