Election Commission Act, 2063 (2007)


Published: 2007

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Election Commission Act, 2063 (2007)1
Election Commission Act, 2063 (2007)
Date of authentication and publication:
2063/12/12(March 26, 2007)

1. Some Election Related Nepal Acts Amendment Act, 2064 (2008) 2064/09/20
Act No. 1 of the Year 2063 (2007)
An Act Made to Amend and Consolidate Laws relating to Functions, Duties and Powers of
the Election Commission
Preamble: Whereas, it is expedient to amend and consolidate laws relating to the
functions, duties and powers of the Election Commission;
Now, therefore, be it enacted by the House of Representatives in the First Year of
the Proclamation of the House of Representatives, 2063 (2006).
Chapter-1
Preliminary
1. Short title and commencement: (1) This Act may be called the "Election
Commission Act, 2063 (2007)".
(2) This Act shall come into force immediately.
2. Definition: In this Act unless the subject or the context otherwise requires,-
(a) "Constitution" means the Interim Constitution of Nepal, 2063 (2007);
(b) "Commission" means the Election Commission referred to in Article 128 of
the Constitution;
(c) "Commissioner" means an Election Commissioner of the Commission, and
this expression also includes the Chief Election Commissioner;
(d) "Election" means an election to the members of the Constituent Assembly to
be constituted pursuant to Article 63 of the Constitution or such other
elections as to be held by the Commission pursuant to the laws in force, and
this expression also includes by-elections;
(e) "Voter" means a person whose name is registered in the Electoral Rolls
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pursuant to the laws in force;
(f) "Returning Officer" means the Chief Returning Officer or Returning Officer
appointed by the Commission, and this expression also includes the
Assistant Returning Officer;
(g) "Political party" means a political party registered for the purpose of election
pursuant to Article 142 of the Constitution;
(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in the
Rules framed under this Act or in the order issued by the Commission by a
notification in the Nepal Gazette.

Chapter- 2
Functions, Duties and Powers of Commission

3. Establishment of Central Secretariat and Local Offices of Commission:
(1) There shall be a Secretariat of the Commission at the central level for the
functions to be carried out by the Commission.
(2) The Commission may, as per necessity, establish its offices at the local
level for the functions to be carried out by the Commission.
4. Meeting and decision of Commission: (1) All functions required to be carried out
by the Commission pursuant to the Constitution and the prevailing laws shall be
carried out by the Chief Election Commissioner in the case where he or she alone
exist in the Commission and by a decision of a meeting of Commissioners where
they also exist.
(2) The Secretary at the Commission shall duly maintain the records of the
decisions of the Commission.
(3) The Secretary at the Commission shall authenticate and implement or
cause to be implemented the decisions of the Commission.
(4) The Rules of procedures of the meeting of the Commission shall be as
determined by the Commission.
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5. Provisions relating to employees: (1) The Commission may create such positions
of Chief Name Registration Officer, Name Registration Officer, Assistant Name
Registration Officer and Electoral Rolls Enumerator for the preparation of voters
lists, such positions of Chief Returning Officer, Returning Officer, Assistant
Returning Officer, Polling Officer and Assistant Polling Officer for any act of
election as deemed necessary and may appoint or designate other positions in such
number as may be required.
(2) The Commission may depute or engage any employee of the
Government of Nepal or of institution owned or controlled by, or operated with the
grants of, Government of Nepal or of Local Authority or any teacher of
community school in any electoral acts.
(3) Any employee engaged in any act of election pursuant to Sub-section (1)
or (2) shall be deemed to be an employee of the Commission until the completion of
the act of election; and notwithstanding anything contained in the prevailing laws no
competent authority shall, without the consent of the Commission, do anything
adversely affecting the terms and conditions of service of such employee or
disallow such employee to carry out the functions of the Commission or transfer
him or her.
6. Power to seek assistance: (1) The Commission may make direct contact with any
Ministry, Department or Office of the Government of Nepal or any Constitutional
Body or any body owned or controlled by, or operated with the grants of, the
Government of Nepal or any Local Authority and seek any kind of assistance from
such body or authority for act of election.
(2) The Commission may seek necessary assistance from any private or
public body or organization for act of election or get any act of election performed
by such body or organization.
(3) The concerned body or organization or authority shall have the
duty to provide the assistance as sought by the Commission pursuant to Sub-
section (1) or (2).
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7. Monitoring:(1) The Commission may form teams, as prescribed, consisting of
officials or employees of the Commission, employees of the Government of Nepal
or experts, and monitor, or cause to be monitored, any polling related to election or
vote counting or any other acts and actions pertaining to act of election.
(2) In forming a team pursuant to Sub-section (1), the Commission shall,
based on the prescribed grounds, determine, inter alia, the constituency to be
monitored, procedures to be followed in monitoring and the time within which such
team has to complete monitoring.
8. Permission for observation:(1) The Commission may give permission, based on
experience in this field, reliability and the prescribed grounds, to any native or
foreign person or organization to observe any polling related to election or vote
counting or any other acts and actions pertaining to act of election.
(2) Any person or organization who has obtained permission pursuant to
Sub-section (1) shall make observation by fulfilling the procedures specified by the
Commission for monitoring; and the Commission may cancel the permission of any
person or organization w ho makes observation without fulfilling such procedures.
(3) Every person or organization who has obtained permission pursuant to
Sub-section (1) shall, on completion of the monitoring, submit a report thereof to
the Commission.
(4) Every native or foreign person or organization having obtained
permission for observation pursuant to this Section shall, in making observation,
observe the code of conduct made by the Commission.
9. Power to use physical facilities:(1) The Commission may, as per necessity, and by
giving a prior notice, obtain and use any land, building, conveyance, furniture or
any other physical means and facilities belonging to the Government of Nepal or
any body or organization owned or controlled by the Government of Nepal or
Local Authority, for the purpose of carrying out the act of election.
(2) The Commission may, as per necessity, and by giving a prior notice,
obtain and use any land, building, furniture or any other physical means and
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facilities belonging to any public organization or body or public or private school or
college, for the purpose of carrying out the act of election.
(3) The Commission may hire and use any land, building, conveyance,
furniture or other physical means and facilities belonging to any person, non-
governmental organization or body, for the purpose of carrying out the act of
election.
10. Power to remove from work: (1) If, any employee, who has been appointed or
designated or deputed by the Commission to carry out an act of election pursuant to
Section 5, commits any act prejudicial to the impartiality of election, the
Commission may, assigning the reason for the same, remove such employee from
the responsibility of carrying out such act.
(2) The Commission may give order to the security personnel deputed for
security in connection with an election to do or refrain from doing any act, which is
directly or indirectly related with the election. If the security personnel who has
been so deputed in the act of election commit any act prejudicial to the impartiality
of election, the Commission may, assigning the reason for the same, remove such
personnel from the responsibility of carrying out such act.
11. Temporary positions and appointment of employees: (1) The Commission may,
in order to conduct and complete an act of election, create temporary positions
giving facilities receivable by up to the gazetted first class, in the required number
for a period not exceeding six months.
(2) The Commission may extend the term of a position created pursuant to
Sub-section (1) for another period of up to six months at one time or at several
times.
(3) The Commission may make appointment to any position created pursuant
to Sub-section (1) on temporary or contract or wages basis.
12. Power to procure service of expert: (1) The Commission may, as per necessity,
procure the service of an expert in respect of an act of election.
(2) The terms of reference of and remuneration for, the service of an expert
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procured pursuant to Sub-section (1) shall be as determined by the Commission.
13. Power to provide facilities: (1) The Commission may provide the officials or
employees involved in any act of election with such amount as may be determined
by the Commission and also with such Tiffin and food allowance as well as
overtime allowance in the event of getting them to work overtime.
(2) The Commission may, as per necessity, add such amount as may be
determined by the Commission to the daily and traveling allowances receivable by
the officials or employees engaged in any act of election, pursuant to the prevailing
laws.
(3) The Commission may provide an additional allowance in such amount as
may be determined by the Commission to the officials or employees engaged in any
act of election until they are engaged in such act.
(4) The Commission shall procure insurance of such amount as specified by
the Commission against accident of the officials, employees and security personnel
engaged in any act of election during the election period.
................∝
14. Power to provide rent or compensation: (1) In case, where any land, building,
conveyance, furniture or other physical means or facilities belonging to any person,
organization or body has been hired pursuant to Section 9 by or with the order of the
Commission in the course of any act of election, the Commission shall provide the
rent of the land, building, conveyance, furniture or other physical means or facilities
so used for that period.
(2) In case, where any land, building, conveyance, furniture or other physical
means or facilities used by or with the order of the Commission in the course of any
act of election has to be repaired due to wear and tear or compensation has to be
provided for the same, the Commission may provide compensation in a reasonable
amount according to the actual loss upon considering the amount that may be
∝ Deleted by Some Election Related Nepal Acts Amendment Act, 2064
7
required for or has been incurred in doing such repair or required to be paid for
compensation.
15. Power to make expenditure in election: (1) The daily allowances, traveling
allowances, other allowances and facilities receivable under the prevailing laws by
any employee deputed in any act of election may be credited and paid out at the
time of the deputation of such employee.
(2) Notwithstanding anything contained in the prevailing laws the concerned
employee shall not be required to submit bills and receipts showing expenditure of
the amount which he or she has received pursuant to Sub-section (1).
(3) The expenditure required for the conduct of election shall be so credited
as per the rate fixed by the Commission that the employee deputed in election may
expend it.
(4) In respect of such amount, out of the amount referred to in
Sub-section (3), as may be specified by the Commission, the employee deputed in
election shall not be required to submit bills and receipts, after his or her return
upon the completion of the act for which he or she has been so deputed.
16. Power to procure goods: (1) Notwithstanding anything contained in the prevailing
laws if while procuring goods or services required for an act of election, it is not
possible to invite a tender in accordance with the laws in force, the Commission
may procure the goods or services, through quotations and even directly from the
market if it is not possible even to obtain quotations.
(2) Notwithstanding anything contained in the prevailing laws if the
Commission decides that it is not possible or practicable to invite tenders or
quotations pursuant to the laws in force to procure the goods required for preparing
Electoral Rolls, printing ballot papers required for the election or operating
computers, printers or photocopy machines or spare parts thereof or software
materials to be used therein and papers of special type, it shall not be required to
invite such tenders or quotations.
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17. Power to cancel election: (1) If a complaint is filed in the Commission claiming
that any one has, by way of any kind of threat, intimidation, fear or terror or
otherwise exercising undue influence, done any such act as to prejudice the freedom
and impartiality of an act of election or polling in any constituency or polling center
or if the Commission receives information thereof from any source, the Commission
may cause any Commissioner, Secretary or any other official authorized to inquire
into the matter immediately.
(2) If the Commission is satisfied, from the report of inquiry held by the
Commission pursuant to Sub-section (1), that any act of election has not been free
and impartial, it may, setting out the reasons for the same, cancel the election of that
constituency or the polling of any of or all polling stations of that constituency.
18. To make decision as to disqualification of candidate: (1) After the filing of
nomination papers of candidates for an election but prior to the completion of the
election, a complaint, accompanied by clear evidence, may be made with the
Commission through the concerned Returning Officer that any candidate is
disqualified or has become disqualified under Article 65 of the Constitution.
(2) If a complaint is received pursuant to Sub-section (1), the concerned
Returning Officer shall seek an explanation from such candidate in that respect,
within a time-limit of seven days.
(3) On receipt of an explanation pursuant to Sub-section (2), or where no
explanation is received within the time limit, mentioning the same content, the
concerned Returning Officer shall promptly send the complaint made pursuant to
Sub-section (1) and the documents pertaining thereto to the Commission.
(4) On receipt of the complaint and the documents pertaining thereto
pursuant to Sub-section (3), the Commission may, inquire the concerned candidates
into any matter or require additional evidence from such candidate.
(5) The Commission shall hold necessary inquiries into a complaint and the
attached documents received pursuant to this Section and make its decision as to the
disqualification of a candidate no later than seven days from the date on which it
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receives the complaint from the Returning Officer pursuant to Sub-section (3).
(6) Notwithstanding anything contained elsewhere in this Section, no
proceedings of such election shall, in any case, be affected merely by the reason that
the Commission has not made a decision as to the disqualification of any candidate
pursuant to this Section.

Chapter-3
Provision for Registration of Political Party for Purposes of Election

19. Application required to be made for registration of political party for purposes
of election: (1) Notwithstanding anything contained in the prevailing laws, any
political party intending to register its name for the purpose of election shall be
required to submit to the Election Commission an application in fulfillment of the
procedures specified by the Election Commission by a notification in the Nepal
Gazette within the time limit specified in that notification.
(2) A political party making application pursuant to Sub-section (1) shall also
mention in the application that it has fulfilled or undertaken to fulfill the terms and
conditions contained in the Constitution.
(3) While fulfilling the terms and conditions referred to in Sub-section (2), a
political party shall submit, inter alia, a memorandum bearing the signatures of at
least ten thousand voters pursuant to Clause (5) of Article 142 of the Constitution,
and the Commission shall make verification of such signatures as prescribed.
Provided that, this provision shall not apply to the parties representing to the
Interim Legislative-Parliament.
(4) Notwithstanding anything contained elsewhere in this Section, a political
party which has been registered once after the commencement of this Act shall not
be required to get registered again for the purpose of an election to be held
thereafter so long as its registration remains valid under this Act.

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20. Registration of party: (1) On receipt of an application pursuant to Sub-section (1)
of Section 19, the Commission shall, if it considers necessary to inquire into other
matters about the political party, inquire into such matters and examine whether the
procedures as referred to in the Constitution and this Act has been met or not, and
register that political party if such procedures are found to have been met; and the
political party so registered shall be considered to have obtained recognition for the
purposes of election.
(2) If there is any reason for not registering any political party pursuant to
Sub-section (1), the Commission shall, setting out such reason, provide the
concerned political party with a reasonable opportunity to submit its statements.
Also taking into account the statements submitted by such party where such
opportunity has been given, the Commission shall decide whether or not to register
that party; and the decision made by the Commission shall be final.
(3) If the Commission decides not to register any political party pursuant to
Sub-section (3), the Commission shall give information to the concerned applicant.
(4) If it appears that the name of two or more political parties making
application pursuant to Sub-section (1) of Section 19 is the same, the Commission
may, in consultation with the concerned political parties, and in consonance with the
opinion and advice of such political parties, to the extent possible, so register such
political parties that they can have distinct identification.
(5) If, failing a consensus between the political parties, the party cannot be
registered in consonance with the opinion and advice of such political parties
pursuant to Sub-section (4), the Commission may so register such political parties
that they can have distinct identification.
(6) After registering the name of any political party pursuant to this Section,
no other political party shall be registered by the same name.
21. Application for registration upon split of apolitical party: If any political party
registered pursuant to this Chapter is divided or split and at least forty per cent of
the members of the Central Executive Committee of main party make an
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application, accompanied by an evidence showing the status of their membership, to
the Commission for registration by the name of a separate party or for registration in
a manner that the name of the same party can be identified as a separate group, the
Commission may hold necessary inquiry into the matter and register such political
party as a separate party.
22. Amalgamation of political parties: (1) If any two or more political parties
registered pursuant to this Chapter shall, by consent, be united or amalgamated in
the name of any already registered party or in a new name, and the members of the
Central Executive Committee of the parties to be so united or merged make an
application, setting out that matter, to the Commission, the Commission shall hold
necessary inquiries into the matter register the structure of such unification or
amalgamation as a separate political party or cancel the registration of the other
political party by confirming any one political party.
(2) If, at least forty per cent members of the Central Executive Committee of
any party out of the parties to be united or amalgamated pursuant to Sub-section
(1), disagreeing to such unification or amalgamation, make a decision to keep on the
then party and make an application objecting to the action as referred to in Sub-
section (1) prior to the date of declaration of the date of election, the Commission
may, if it thinks appropriate or reasonable upon making necessary inquiry into the
matter, retain the registration of such party, subject to Section 21.
(3) Where the registration of the political party is retained pursuant to sub-
section (1) or (2), the Commission shall maintain records of the office-bearers of the
Central Executive Committee of such parties.
(4) While confirming the members of the Central Executive Committee of
any political party for the purposes of Sub-section (1) and (2), the central committee
existing immediately before the division of such party shall be taken into basis.
23. Publication of name-list of political party: The Commission shall publish in the
Nepal Gazette a name-list of the political parties registered pursuant to this Chapter.

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24. Provisions relating to cancellation of registration of a political party: (1) The
Commission may, in any of the following circumstances, cancel the registration of
any political party registered pursuant to this Chapter:
(a) If the concerned political party itself makes an application to the
Commission for the cancellation of its registration;
(b) If it fails to furnish such details as required to be presented under the
prevailing laws to the Commission for three consecutive years; or
(c) If it fails to fulfill such requirements as required to be fulfilled under
the Constitution or the prevailing laws for the registration of a
political party.
(2) Prior to the cancellation of registration in any other circumstance those
referred to in Clause (a) of Sub-section (1), the Commission shall provide the
concerned political party with a reasonable opportunity to furnish statements.
(3) If such party does not furnish statements within the time of opportunity
provided pursuant to Sub-section (2) or if the furnished statements do not appear
reasonable, the Commission may cancel such registration.
(4) The Commission shall publish a notice of the cancellation of registration
pursuant to Sub-section (1) in the Nepal Gazette.
(5) The registration of such political party shall be deemed to have been
canceled after the publication of the notice pursuant to Sub-section (3).
25. Restriction on taking part in election without being registered: Political party is
not registered under this Act shall not participate in an election in the capacity of a
party.
Chapter-4
Disputes Relating to Recognition of Political Party

26. Decision by Commission: ♣(1) If two or more groups with at least forty percent
members of Central Executive Committee related to the political party registered with
♣ Amended by Some Election Related Nepal Acts Amendment Act, 2064 (2007)
13
the Commission, make an application to the Commission for having recognition pursuant
to this Act, claiming the name, constitution, election symbol or flag of that political party,
the Commission shall settle such dispute.
Provided that, the commission shall not entertain such application received after
the declaration of the election date.
(2) While settling the dispute pursuant to Sub-section (1), the Commission
shall send a notice to the parties to such dispute to furnish their respective views
within a time limit of fifteen days.
(3) The concerned parties to such dispute shall furnish their views with the
time limit of the notice received pursuant to Sub-section (2).
(4) While settling a dispute relating to any political party pursuant to this
Section, the Commission may, in the event of an understanding reached following
consultations with the parties to dispute, decide to provide recognition to any party
pursuant to such understanding and register the other party as a separate political
party.
(5) If the parties to dispute fail to reach an understanding pursuant to Sub-
section (4), the Commission shall order such parties to submit to the Commission
the grounds and evidence showing that they have been using or are entitled to use
the name, constitution, election symbol or flag as claimed by them.
(6) If, based on the grounds and evidence, if any, submitted pursuant to
Sub-section (5), there is adequate ground for providing recognition to any party,
the Commission may decide accordingly; and if no such grounds and evidence are
submitted or if that matter cannot be ascertained from the grounds or evidence
...submitted, the Commission may provide recognition to that party of dispute
which has majority of office bearers and members out of the office-bearers and
members of the Central Executive Committee whose names were submitted by
such political party prior to making application pursuant to Sub-section (1) and
register the other party either as a separate political party or as a separate group of
the same political party.
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Provided that, if there appears that none of the parties to dispute commands
majority, no party shall be recognized.
27. Commission to conduct hearing: (1) Prior to settling a dispute relating to any
political party pursuant to Sub-section (6) of Section 26, the Commission shall
establish a bench comprising the sitting Chief Commissioner and Commissioner of
the Commission and hear the parties.
Provided that, no act of hearing shall be deemed to be barred by the reason
only that Commissioner is not able to be present because of a reason beyond his or
her control.
(2) The claiming party or opposite party may appoint its legal practitioner
and make pleadings by such practitioner before the bench referred to in
Sub-section(1).
(3) In the course of conducting hearing pursuant to this Section, the
Commission shall give a notice to the parties related with the dispute in advance of
at least three days before the day for hearing. Where a notice is so given,
representatives of the concerned parties may appear during hearing.
Provided that, the act of hearing shall not be barred by the reason that no
representative of the parties concerned is present.
(4) The Commission may procure such evidence as it considers necessary in
the course of hearing pursuant to this Section.
(5) The Commission shall settle a dispute submitted to it ♣within thirty five
days after the date on which the concerned parties have furnished with the
Commission their respective views pursuant to Sub-section (3) of Section 26 or,
where such views are not submitted, after the date on which the time limit for
furnishing such views has expired.
(6) In hearing a dispute pursuant to this Chapter, the Commission shall
exercise such powers as may be exercisable by a court.
♣ Amended by Some Election Related Nepal Acts Amendment Act, 2064 (2007)
15

(7) A decision made by the Commission pursuant to this Chapter shall be
final.
Chapter-5
Code of Conduct

28. Code of Conduct: (1) In order to maintain fairness, impartiality, transparency, and
fearless environment, in any election, the Commission may make codes of conduct
required to be abided by the Government of Nepal, offices and employees of
governmental and semi-governmental bodies, employees engaged in the act of
election, political parties, candidates and persons related with them and the mass
media at the governmental and private sectors. The Commission shall, while
making such codes of conduct, make consultation with the concerned stakeholders.
(2) In making the codes of conduct under Sub-section (1), the Commission
may make such codes of conduct particularly on the matters restraining the
Government of Nepal from declaring any new policy, plan and program,
mobilizing human resources, means and resources and using governmental media
for election canvassing in such a manner as to affect the fairness and impartiality
of the election.
(3) The codes of conduct made by the Commission pursuant to Sub-section
(2) shall be published in the Nepal Gazette; and it shall be the duty of all the
concerned to abide by such codes of conduct.
29. Implementation and monitoring of codes of conduct: (1) The Commission shall
make appropriate mechanism as prescribed at the district and constituency levels,
as required, and inquire into and monitor as to whether the codes of conduct to be
made pursuant to Section 28 have been abided by or not.
(2) If, in the course of carrying out inquiry or monitoring pursuant to Sub-
section (1), it appears that any one has not abided by or has violated the code of
conduct, the Commission shall order the concerned political party, candidate,
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person, organization, official or body to stop or invalidate such act immediately.
(3) The Commission may punish any political party, candidate, person,
organization, official or body failing to stop or invalidate the act in pursuance of
the order issued by the Commission pursuant to Sub-section (2) with a fine not
exceeding one hundred thousand rupees.
(4) If the Commission is satisfied that the election cannot be held in a free,
fair and impartial manner by the reason that a candidate has frequently violated the
code of conduct made by the Commission, the Commission may, assigning the
clear reason and ground therefor, cancel the candidacy of such candidate. Prior to
cancelling the candidacy, the concerned candidate shall be provided with a
reasonable opportunity for defense.
Chapter - 6
Provisions Relating to Election Expenses

30. Ceiling of election expenses: (1) The Commission may specify the ceiling of
expenses allowed to be incurred by political parties or candidates.
(2) The Commission shall publish in the Nepal Gazette the ceiling of
expenses specified pursuant to Sub-section (1).
(3) No political party or candidate taking part in the election shall make, or
cause to be made, expenses in excess of the ceiling specified by the Commission.
(4) A person who has the obligation to submit returns of election expenses
referred to in Sub-section (1) shall submit the returns of election expenses to the
concerned District Election Office, in the format prescribed by the Commission,
within thirty-five days after the date of publication of the final results of election.
(5) The returns of election expenses submitted pursuant to Sub-section .......
(4) may be got audited by a recognized auditor on such conditions as
specified by the Commission.
31. Punishment for making expenses in excess of specified ceiling: (1) If any person
makes expenses in excess of the ceiling specified by the Commission pursuant to
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Sub-section (1) of Section 30 or fails to submit the returns of expenses within the
period prescribed pursuant to Sub-section (4) of the same Section, the Commission
may punish such person with a fine of a sum which is equal to the election
expenses made by such person or the ceiling of expenses specified by the
Commission, whichever is the higher.
(2) If it appears from the audit report of the auditing, under Sub-section (5)
of Section 30, of the returns submitted pursuant to Sub-section (4) of that Section,
that the concerned person has made expenses in an inappropriate manner or in such
a manner to prejudice the fairness of the election or in an undue or illegal manner
for illegal purposes, the Commission may make a decision to disqualify such
person for being a candidate in any election for a maximum period of six years
with immediate effect.
(3) Prior to imposing a fine pursuant to Sub-section (1) or making a
decision pursuant to Sub-section (2), the Commission shall provide the concerned
person with a reasonable opportunity to defend him or herself.
(4) If the Commission makes a decision pursuant to Sub-section (2), the
election of such person, if he or she is an elected member, shall ipso facto be
canceled.
(5) An appeal may be made to the Supreme Court against a decision made
by the Commission pursuant to Sub-sections (1), (2) and (4) within thirty five days
from the date making of such decision.
Chapter-7
Budget Management and Auditing

32. Approval not required: (1) Notwithstanding anything contained in the prevailing
laws, while making expenditures chargeable on the amount under the budget
heading of casual expenses allocated by the Government of Nepal for the
Commission, pursuant to this Act, the Commission shall not be required to obtain
approval of the Ministry of Finance, Government of Nepal.
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(2) While making expenditures of the amount as referred to in Sub-section
(1), such expenditures shall be made as in accordance with Rule of Procedure and
as decided by the Commission.
33. Power to collect financial resources: For the purpose of completing the act of
election, the Commission may, with the consent of the Government of Nepal,
collect separate financial resources or receive assistance, in addition to the amount
allocated under the regular budget heading.
34. Accounts and audit: (1) The accounts of the expenses made by the Commission
in the act relating to election shall be maintained in accordance with the prevailing
laws.
(2) The accounts maintained by the Commission pursuant to
Sub-section (1) shall be audited in accordance with the prevailing laws.
Chapter- 8
Miscellaneous

35. Power to seek advice and make consultation: (1) If the Commission considers it
appropriate to seek advice prior to making decision on any constitutional or legal
question regarding the act of election, it may seek advice of the Attorney General,
government attorney, legal practitioner or any other expert.
(2) The Commission may, in relation to its functions and duties, make direct
contact and consultation with, or seek advice of, any constitutional body or any
Ministry, Department, Office of the Government of Nepal, political party or
governmental or non-governmental organization or any other body.
36. Power to hold discussion or consultation: In the course of holding an election in
a free, fair and rigging less manner, the Commission or Official of the Commission
may hold discussion or consultation with any political party or representatives of
the civil society, election experts or other related persons or organizations.
37. Voter awareness program: In order to provide voters with information about the
collection and updating of Electoral Rolls, method of polling in an election and the
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rights of voters, the Commission may operate, or cause to be operated, voter
awareness program, as per necessity.
38. Delegation of powers: The Commission may, as per necessity, delegate any of its
powers to the Chief Election Commissioner, Election Commissioner, Secretary,
District Election Officer, Chief Name Registration Officer, Name Registration
Officer, Assistant Name Registration Officer, Chief Returning Officer, Returning
Officer, Official deputed in monitoring, Polling Officer, Assistant Polling Officer
or official or employee or person engaged in the act of election.
39. Power to give direction: (1) The Commission may give necessary direction to the
Chief Returning Officer, Returning Officer, District Election Officer, Polling
Officer, Assistant Polling Officer, Official deputed in monitoring or Voters Name
Registration Officer or any other official or employee deputed in election in
respect of the functions to be performed by him or her.
(2) It shall be the duty of the all the concerned to abide by the direction
given by the Commission pursuant to Sub-section (1).
40. Pleading: (1) If the Commission has to make a petition to or institute a case being
as a plaintiff in any office or court with respect to any legal right or dispute, it may,
on the basis of necessity or propriety, cause the government attorney or a legal
practitioner or both to prepare such a petition, file such case and make pleading
therein or to prepare and file an affidavit, statement of defense, or plead and
defend, in cases where anyone has instituted any proceedings, or filed any case
against the Commission.
(2) In any case or legal action filed or instituted against any official and
employee as well person appointed, deputed, designated or engaged by the
Commission for or in any or all of the acts of election including the preparation of
Electoral Rolls, in the course of discharging such functions as required to be
discharged by them under the prevailing laws in good faith, the Commission shall,
on the basis of necessity and propriety, arrange for their defense through any
government attorney or legal practitioner.
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41. Departmental action and punishment: (1) If any civil employee or security
personnel or any employee of an organization or body owned or controlled by, or
operated with the grant of the Government of Nepal, who has been appointed,
deputed or designated in the act of election, including the preparation of Electoral
Rolls, or who has the duty to abide by the orders and directions of the Commission
does any act deliberately violating the laws in force or orders or directions of the
Commission or with any mala fide intention or does any act prejudicial to the
impartiality of election in the course of discharging such act, the Commission may,
in exercise of the powers of the competent authority under the prevailing laws
relating to the conditions of service of such employee or security personnel take
departmental action against, and impose punishment on him or her in accordance
with that law.
(2) If any employee or official other than that mentioned in Sub-section (1)
does any act in regard to the act of election contrary to the laws in force or
directions given by the Commission, the Commission shall write to the concerned
body for departmental action against such an employee or official in accordance
with the laws in force relating to the conditions of his or her service.
(3) The concerned body shall, if so written to it by the Commission pursuant
to Sub-section (2), take departmental action against such employee or official and
give information thereof to the Commission.
(4) Any employee who is not satisfied with a decision on departmental
action and punishment made by the Commission pursuant to Sub-section (1) may
make an appeal to the Appellate Court located in the area where the concerned
employee is in service within thirty five days after the date or receipt of the time-
limit for appeal against the decision or information of such decision.
42. Publication of annual report: The Commission shall publish details of the
activities done by it, in the form of an annual report each year.
43. Liaison with Government of Nepal: While making contact with the
Government of Nepal, the Commission shall make such contact through the
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Ministry of Home Affairs.
44. Powers to frame Rules: The Commission may frame necessary Rules in order to
carry out the objectives of this Act.
45. Issuance of orders: (1) The Commission may issue necessary orders for the
purpose of conducting, monitoring, directing and controlling elections pursuant to
the Constitution and the prevailing laws; and such orders shall be published in the
Nepal Gazette.
(2) It shall be the duty of the following bodies, institutions, organizations or
persons to abide by the orders referred to in Sub-section (1):
(a) governmental, semi-governmental or non-governmental institutions;
(b) political parties and office bearers thereof;
(c) voters;
(d) candidates and their agents;
(e) persons who are involved in the canvassing, and monitoring of
election.
(3) The Commission may punish any political party, candidate or any other
concerned body, institution, organization or person violating any order issued by
the Commission pursuant to this Act with a fine not exceeding One Hundred
Thousand Rupees.
46. Power to prepare Manuals: The Commission may prepare and enforce Manuals
for the purpose of conducting, or causing to be conducted, the act of election in a
smooth manner; and it shall be the duty of all the concerned to abide by such
Manuals.
47. Repeal and saving: (1) The Election Commission Act, 2047(1991) is, hereby,
repealed.
(2) All acts done and actions taken under the Act referred to in Sub-section
(1) shall be deemed to have been done or taken under this Act.