Chapter – 1â â preliminary
(1) This Rule may be called “Election of the Members of Constituent Assembly Rule, 2070 (2013)”.
(2) This Rule Shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this
Rule.
(a) “Ordinance” means the Election to Members of the Constituent Assembly Ordinance, 2070 (2013).
(b) “Election Program” means the election program determined by the Commission pursuant to Rule -4.
(c) “Election Symbol” means the election symbol determined by the Commission pursuant to Section 31 of the Ordinance.
(d) “Polling Station” means any Polling Station specified by the Commission pursuant to Section 34 of the Ordinance, for the purposes of polling in the election.
Chapter – 2â notice Of The Election And Election Program
Chapter – 2 Notice of the Election and Election Program
3. Notice of the Election:
(1) After the Government of Nepal has specified the date for election to the members of the Constituent Assembly, The Commission shall specify the time for conducting polls on that date and issue a notice for information to the general public and publish such notice in the Nepal Gazette.
(2) The Commission may, as required, publish and broadcast or cause to publish and broadcast the notice of election as referred to in the Sub-rule (1) through the communication media.
4. Fixation of the Election Program:
(1) After the publication of the notice of the election pursuant to Rule 3, the Commission shall, in relation to the
First Past The Post Electoral System, determine the election program indicating the venue, time and date for the registration of nomination papers of candidates, publication of the list of candidates whose nomination papers
have been field, making complaints against candidates, scrutinizing nomination papers and examining complaints, publication of a name list of the candidates whose nomination papers meeting requirements have been registered, withdrawal of names of candidates from their candidacy, publication of the final name list of the candidates providing election symbols to candidates and conducting polling.
(2) The Commission shall, in relation to the election under the proportional election system, determine the election program indicating the submission of closed list of candidates, time for correction in the closed list of candidates,
if such correction is required to be made following the examination of the closed list of candidates accordingly and if such correction is not required making complaints against the closed list of candidates, scrutinizing and
examining the closed list of candidates, withdrawal of names of candidates from the closed list of candidates and final publication of the closed lists of candidate.
(3) The Commission shall publish a notice of election program in the Nepal gazette and may also cause such notice to be published and broadcast through communication media, as required.
5. Notice of the Election Program to be Posted:
(1) The Returning Officer shall affix a notice of the election program relating to the First Past The Post
Electoral System, as referred to the schedule -1 at his or her office.
(2) The Commission shall post a notice on the election program relating to the Proportional Electoral system, as referred to the Schedule -2 at the office of the Commission.
(3) A recognizance deed (Muchulka) shall be accomplished on the publication of the election programs pursuant to Sub-rule (1) and (2).
(4) The Returning Officer and the Commission shall, to the extent possible, publish and broadcast or cause to be published and broadcasted, the notice on the election program referred to in Sub-rule (1) and (2), respectively,
through the communication media.
(5) The Returning Officer shall provide information about the affixed notice on the election program pursuant to Sub-rule (1) to the district based offices of political parties, to the extent of a availability.
Chapter – 3â â nomination Of Candidates
Chapter – 3 Nomination of Candidates
6. Registering of Nomination Papers for First Past The Post Electoral
System:
(1) A person who has possessed the qualification set forth in the Constitution and the Ordinance and intents to become a candidate in the election to be held under the First Past The Post Electoral System may, himself or herself or through his or her representative, proposer of recorder, file, or cause to be filed the nomination paper in the format as referred to in Schedule â 3 to the office of the Returning Officer at the date and time set forth in the notice on the election program. In so filling, or causing to be filed, the nomination paper, one person may file, or cause to be filed, the nomination paper for a candidate in a maximum of two election constituencies.
(2) In the case of a person who becomes a candidate filed by any political party, in filing a nomination paper pursuant to Sub-rule (1), a formal letter in the format as referred to in schedule -4, provided by that political party shall also be submitted and the office bearer of that party who is authorized to provide such formal letter shall send a copy of such formal letter to the Returning Officer.
(3) While filing, or cause to be filing a nominate paper pursuant to Sub-rule
(1), one person shall propose and another person shall support the proposal with their signature. The nomination paper shall be accompanied by evidence indicating such proposer and seconder are the voters whose names
are registered in the electoral roll of the same constituency.
(4) Any person may be nominated by a maximum of three nomination papers having different proposer and seconder of the proposal for the election in the same electoral constituency.
(5) The person nominated as a candidate shall have to express his or her consent by signing it.
(6) In order to register a nomination paper pursuant to this Rule, a bank voucher of the deposit of three thousand rupees or a cash receipt thereof shall be submitted. Provided that, a person who intends to file more than one nomination paper in one election constituency pursuant to Sub-rule (4) shall not be required to furnish a deposit exceeding three thousand rupees.
(7) A person who intends to file a nomination paper pursuant to Sub-rule (1) to be a candidate in an election constituency other than the election constituency, where his/her name is included in the electoral roll, such
person shall get it certified by the Commission or the concerned District Election Officer that his or her name is included in the electoral rolls and also submit a transcript of the electoral roll along with the nomination paper.
(8) If, in scrutinizing a nomination paper filed pursuant to sub-slue (1), it appears to have fulfilled the requirements, the Returning Officer shall register such nomination paper and give a receipt thereof to the person getting the nomination paper registered.
(9) If, in examining the nomination paper pursuant to Sub-rule (8), it appears that a nomination paper have no the proposer or seconder or that the proposer or seconder is repeated or have not submitted a receipt of the
furnished deposit or have no signature of candidates or the proposer or seconder or have not fulfilled the other requirements, the Returning Officer shall cause to make correction in such documents which are not in
accordance with the requirements, and register the nomination paper. If one intends to get the nomination paper registered without fulfilling the requirements, the nomination paper shall be registered by mentioning the
fact of non fulfillment of the requirements in that nomination paper, and a receipt thereof shall be given.
7. To Be Provided Specimen of Signature:
(1) The office bearer specified by the central executive committee of a political party registered in the Commission for the purpose of election shall certify the name, surname, post and specimen of signature of the office bearer who is authorized to provide a person who becomes a candidate on behalf of that party in the election under the First Past The Post Electoral System with a formal letter on the registration of nomination paper and, shall provide it to the Commission at least seven days prior to the last date for the filing of nomination papers by candidates.
(2) The Commission shall provide a photocopy of such specimen of signature to the Returning Officer in order to verify the signature of the office bearer providing the formal letter pursuant to Sub-rule (1).
8. Shall Be Set the Nomination Papers for Proportional Election:
(1) Notwithstanding anything contained elsewhere in this Rule, the closed lists of candidates submitted by the political parties to the Commission for the election to be held under the Proportional Electoral System shall be set as
the nomination papers of candidates.
(2) While submitting a closed list to the Commission for the purpose of nominating candidates in the election to be held under the Proportional Electoral System a political party shall mention the place of which electoral rolls contain the name of every candidate included in such closed list, and submit a certified copy of the citizenship certificate of every candidate as well as his or her address.
9. Procedures relating to a Closed List of Candidates:
(1) After the publication of the election program pursuant to rule 4, a political party which intends to take part in the election to be held under the Proportional electoral system shall submit a closed list of candidates prepared pursuant to Section – 7 of the ordinance to the Commission within the date and time set forth in the election program.
(2) The Commission shall not register a closed list of candidates if the closed lists of candidates to be submitted to the Commission pursuant to Sub-rule
(1) has not been so prepared that candidates are filed for at least ten percent members is the total number of members to be elected under the Proportional Electoral System.
(3) After the submission to the Commission of the closed list of candidates received from a political party, the Commission shall ascertain whether the representation is made on the basis of the principle of proportional and
inclusiveness set forth in Sub-rule (3) of Section 7 of the Ordinance or not and if it is not so represented, the Commission shall notify the concerned political party to make corrections in the closed list of the candidates on the
basis of proportional and inclusive representation and shall provide time to submit it within seven days. The Commission may publish the details of such notification for information to the general public.
(4) If the concerned political party corrects the closed list of candidates and sends it to the Commission within the time limit pursuant to Sub-rule (3), the Commission shall set such closed list as the final list. The Commission shall
publish such list for information to the general public.
(5) Others procedures and processes of the examination of closed lists of candidates shall be determined by the Election Commission. 10. Publication of List of Name list of Candidates. After expiring the specified
time for the registration of nomination papers in relating to the election under the First Post The Past Electoral System, the Returning Officer shall publish in the format as referred to in Schedule -5, a list of candidates whose
nomination papers have been registered pursuant to Rule- 6 in his or her office and send one copy thereof to the Commission.
11. Making Complain Against Candidate:
If any candidate or his election representative intends to make a complaint with regard to the qualification of
the candidate whose name is included in the list of candidates published pursuant to rule 10, the candidate or his representative may make a complaint, in the format as referred to in Schedule -6, before the Returning
Officer at the date and time specified in the election program.
12. Examination of Nomination Papers:
(1) The Returning Officer shall examine the nomination papers which registered pursuant to Rule 6, such as,
date, time and place specified in the election program.
(2) At the time of examination of the nomination papers by the Returning Officer in pursuant to Sub-rule 1, the proposer, secondary or candidate himself or one representative authorized in writing by each nominated
candidate shall presence. Provided that, even where proposer or secondary of the candidate himself
or herself or his or her representative is not present, nothing shall be deemed to prevent the making of decisions in that respect.
(3) Where a complaint has been made against any candidate pursuant to Rule 11, the Returning Officer shall examine the nomination papers pursuant to Sub-rule (1), and also inquire into such objection and make a decision
thereon.
(4) While examining the nomination papers pursuant to Sub-rule (1), if it is found that more than one nomination paper of one person has been filed in any election constituency and such nomination papers are valid, the
Returning Officer shall only set any one nomination paper according to the will of the concerned candidates or his or her representative.
13. To Prepare Name list of Candidates:
After the examination of the nomination papers by the Returning Officer pursuant to Rule 12, a copy of
the name list of candidates whose nomination papers have met the requirements under the law shall publish in its office and send one copy to the Commission forthwith, by preparing in the format referred to the
Schedule -7.
14. Withdrawal of Name:
(1) If any candidates whose name is included in the list of the name list of candidates published pursuant to Rule 13, intends to withdraw his or her name, the candidate himself or herself or through his or her representative may give a notice on the withdrawal of name in the format as referred to in Schedule -8, to the Returning Officer at the date and time mentioned in the election program.
(2) The notice of withdrawal of name pursuant to Sub-rule (1) shall be registered in the office of Returning Officer and the notice so registered shall not be cancelled or withdrawn.
(3) If the Returning Officer is satisfied with the authenticity of the notice registered pursuant to Sub-rule (2), the name of the candidate who has withdrawn his or her name shall be removed from the list of candidates.
(4) If in relation to a candidate nominated by a political party, the office bearer authorized pursuant to Rule 7 to file the nomination of the candidate on behalf of that party sends an intimation of withdrawing the name of that candidate to the Returning Officer within the date and time set forth in the election program, such candidate shall not be remained as a candidate of the party.
(5) The Returning Officer shall publish in his or her office a notice on the removal of name pursuant to Sub-rule (3) or (4), in the format as referred to in Schedule -9.
(6) Notwithstanding anything contained anywhere in this Rule, if any candidate listed in the closed list of candidates gives an application to the Commission for the removal of his or her name from the closed list of candidates within the date and time determinate in election program for the proportional election, the Commission shall remove the name of the candidate from the closed list of candidates and give information thereof to the concerned political party.
15. Final Name List of Candidates:
(1) After the time as specified in the election program under the First Past The Post Electoral System for withdrawing name of the candidate has expired, the Returning Officer prepares a final name list of remaining candidates, in the format as referred to in Schedule -10, and publish one copy of that name list in his or her office, send one copy thereof to the Commission immediately.
(2) The final name list of candidates to be prepared pursuant to Sub-rule (1) shall be written according to the alphabetical order of candidates and in the case of candidates nominated by any political parties, the address written his or her nomination papers shall also mention the name of the concerned political party.
16. Final Publication of Closed List of Candidates:
(1) After the publication by the Commission of a closed list of candidates received by the Commission
after holding exam in pursuant to the Ordinance and this Rule, any political party or any person whose name is included in the closed list for the proportional election may, pursuant to Section 29, make a complaint to the
Commission, in the format as referred to the Schedule 11, claiming that any candidate whose name is included is such list does not possess the qualification set forth in the Constitution and Ordinance.
(2) Where a complaint making objection is received pursuant to subsection (1), the Commission shall make the necessary examination into the matter, and if any candidate does not appear to have the qualification upon such examination, the Commission shall remove the name of such candidate from the closed list of the candidates and publish the final list of the closed list of candidates. Provided that, he or she shall be given an opportunity to furnish own statement prior to removing the name of any candidate from the closed list of the candidates.
(3) The closed list of candidates pursuant to Sub-rule (2) shall be published in the format as referred to in Schedule – 12.
(4) The Commission shall send the closed list of candidates finally published pursuant to Sub-rule (2) to the concerned political parties for their information.
17. Declaration of Elected Unopposed:
(1) Under the First Past The Post Electoral System, a candidate shall be elected unopposed in the following
conditions.
(a) If the nomination paper of only one candidate has been filed in any constituency, or
(b) If more than one nomination paper of candidates had been fielded in any constituency and, while examining the nomination papers, only one nomination paper has been found due and the other nomination papers have
not been found due or the nominated candidates have not reached the qualification, or
(c) If the name of only one candidate remains in the final name list of candidates after removing from that list the names of the candidates having withdrawn their names.
(2) The candidate shall be declared unopposed in the case as referred to in clause (a) or (b) of Sub-rule (1), after the publication of the name list of candidates pursuant to Rule 13, and in the case as referred to in clause (c) of
the Rub-rule, after the publication of the final name list of candidates pursuant to Rule 15.
(3) Where a candidate elected unopposed pursuant to Sub-rule (2), the Returning Officer shall make a declaration thereof in the format as referred to in Schedule-13 and give information thereof to the Commission immediately.
18. To give an Identity Card to the Candidate:
The Returning Officer shall give an identity card in the format as referred to in Schedule -19 to each candidate included in the final list of candidates published pursuant to Rule 15.
Chapter – 4â â election Symbol
Chapter – 4 Election Symbol
19. Election Symbol:
(1) While distributing the Election Symbol to any political party or a person who becomes a candidate on behalf of the party in the election held under the First Past The Post Electoral System under the Proportional Electoral System pursuant to Sub-section (6) of Section 31 of the Ordinance by the Commission, the Commission shall, after the finalization of the election symbol, provide the same Election Symbol, for the purpose of the election, to the political party that has been already distributed to the party represented in the Constituent Assembly from the election of the Constituent Assembly in 2064 B.S. and to those parties that has been registered with the
Commission after splitting from such political party which are remained registered at the time of the commencement of the Ordinance.
(2) While distributing the Election Symbol after fixing it for the election to be held under the First Past The Post Electoral System and under the Proportional Electoral system to any political party other than any political party set forth in Sub-rule (1) or a candidate who becomes a candidate on behalf of that political party, the Commission shall provide such Election Symbol in order of priority as that political party has requested in the application made by it to the Commission of the registration for the purposes of the election, in such a manner that there is no disagreement with any other political party.
(3) While distributing the Election Symbol pursuant to Sub-rule (2) if more than one political party demands for the same or similar Election Symbol, the Commission shall distribute the Election Symbol as per the understanding after
holding discussion among these political parties.
(4) Notwithstanding anything contained in Sub-rule (2), where no understanding is reached upon the discussion pursuant to Sub-rule (3), the election symbol shall be determined in a manner to accord priority to the
political party which make application first based on the application by such political party to the Commission for the registration of the party and provided to that political party.
(5) No independent candidate other than the candidate of a political party registered with the Commission for the purpose of election shall make a request to use the Election Symbol as referred to in this Rule in more than one election constituency.
(6) The Returning Officer shall provide the election symbol obtained from the Commission by a political party registered with the Commission for the purpose of the election to be held under the First Past The Post Electoral System to the candidate of the political party.
(7) In providing the election symbol in pursuant to Sub-rule (6) the Returning Officer shall execute a recognizance deed to that effect.
(8) The Returning Officer shall publish a notice on the provided election symbols pursuant to Sub-rule (6) in the format as referred to in Schedule-15 in his or her office and send a copy of the notice to the Commission immediately.
(9) A notice on election symbols provided by the Commission to the political parties pursuant to this Rule shall be published in the format as referred to in Schedule-16.
(10) A political party shall remain entitled to an election symbol once provided to that party unless and until the registration of that party remain valid.
(11) For the election to be held under the First Past The Post Electoral System and the election to be held under the Proportional Electoral System, the Election Commission shall, pursuant to the Rule, fix election symbols which can be used by the independent candidate and political parties and publish the election symbols in the Nepal Gazette.
20. Distribution of Election Symbol to Independent Candidate:
(1) Each independent candidate shall be asked to choose one Election Symbol, according to an alphabetical letter of his or her name from the group of election symbols specified by the Commission for independent candidate pursuant to Sub-section
(7) of Section 31 of the Ordinance.
(2) While asking to choose Election Symbol pursuant to Sub-rule (1), if more than one candidate chooses the same election symbol, the Returning Officer shall hold discussion among these candidates and distribute the Election
Symbol as per the understanding reached consequent upon such discussion.
(3) Notwithstanding anything contained in Sub-rule (1), where no understanding is reached upon the discussion pursuant to Sub-rule (2), the election symbol shall be determined in a manner to accord priority to the candidate who makes application first based on the registration of the nomination paper filed by such candidate with the Returning Officer and provided to that candidate accordingly.
(4) In distributing Election Symbol by asking independent candidates to choose election symbols pursuant to this Rule, Election Symbol shall be distributed in presence of candidates or their representatives. Provided that, the absence of any candidate or his or her representative at the time of distribution of Election Symbol shall not be deemed obstacle to distribute the election symbols pursuant to this Rule.
(5) In providing the Election Symbol to independent candidates pursuant to this Rule, the Returning Officer shall execute a recognizance deed to that effect.
(6) The Returning Officer shall publish a notice on the provision of election symbols pursuant to Sub-rule (1) or (2), in the format as referred to in Schedule 17, in his or her office and send a copy of the notice to the Commission
immediately.
21. Publication of Election Symbol: The Commission shall make arrangement for making public the election symbols provided to the political parties pursuant to this Rule.
Chapter -5 Polling Station, Ballot Paper And Ballot Box
Chapter -5 Polling Station, Ballot Paper and Ballot Box
22. Specification of Polling Stations:
(1) The Commission may specify Polling Stations as required in number in the election constituency.
(2) The Returning Officer shall publish in his or her office a list of Polling Stations specified pursuant to Sub-rule (1) in the format as referred to in Schedule – 18.
(3) In publishing a list of Polling Stations pursuant to Sub-rule (2), it shall also clearly indicate the Polling Station where the voters of which village or tole can cast their votes.
(4) In specifying Polling Station pursuant to Sub-rule (1), they shall, as far as possible, be so specified in such a public place that is convenient to the voters.
(5) Where another separate Polling Station has to be specified because the number of voters who vote at any Polling Station is more than the number specified by the Commission or due to the occurrence of any other special
circumstance the Returning Officer may with the approval of the Commission, specify a separate Polling Station for such overrunning voters or due to such special circumstances.
(6) Other grounds to be followed while specifying Polling Station from the point of view of security and convenience shall be as determined by the Commission.
23. Specification of the Zone of Polling Station:
The Polling Officer shall declare a Polling Station zone with an area of maximum 100 meters around the Polling
Station where the Polling Station has been set up by setting out the boundaries thereof and such notice shall be published in a manner to be visible to all. No canvassing of any kind can be made in favor of or against any candidate within such area or zone until the polling gets completed.
24. May Prohibit To Entry into Polling Station:
(1) The Polling Officer shall make arrangement for the entry of the voters in order to avoid crowding or
undesirable assembly or event at the Polling Station.
(2) While giving permission to any person to enter into the Polling Station pursuant to Clause (d) of Sub-section (1) of Section 44 of the Ordinance, he or she shall give such permission only after ascertaining whether that person is an
essential person for voting.
25. Ballot Paper:
(1) Ballot papers for the election to be held under the First Past The Post Electoral System shall be in light blue color and those for the election to be held under the Proportional Electoral System shall be in light red color.
(2) The Election Symbol of the candidate on the ballot paper to be used For the Past The Post Electoral System and the Election Symbol of the political party on the ballot paper to be used for the Proportional Electoral shall be printed.
(3) Serial numbers shall be printed in the counterfoil of each ballot paper.
(4) Only those ballot papers of the serial number fixed by the Commission shall be used at each Polling Station. While holding re- polling, the Returning Officer shall, with the approval of the Commission, fix the ballot papers of another serial number and provide the same to be Polling Officer.
(5) Other provisions relating to ballot papers shall be as specified by the Commission.
26. If Ballot Box Damaged or Destroyed:
If any ballot box is damaged or destroyed. The Polling Officer shall have to execute a recognizance deed
(Muchulka) to that effect and put his or her signature on the deed and also cause the representations of political parties and candidates or their election or polling agents present in the Polling Station to put their signatures thereon. If they do not sign the deed, the Polling Officer shall set down that matter and get any other two persons present at the Polling Station to sign it and give information thereby to the Returning Officer.
27. To Open Sealed Packet of Ballot Paper:
The Polling Officer shall execute a recognizance deed of the opening of the sealed packet of the ballot paper to be
signed by him or her and the political parties and candidates or their agents present at the Polling Station prior to the commencement of polling on the day of polling. If they don’t sign the deed, the Polling Officer shall set down that
matter and get any other two persons present at the Polling Station to sign it.
28. Procedures for Examining and Closing Ballot Box:
(1) The Polling Officer shall, prior to the commencement of polling, open and show ballot boxes to the political parties or candidates or their agents and examine whether the ballot boxes are in order and empty.
(2) After examining the ballot boxes pursuant to Sub-rule (1), the Polling Officer shall close in their presence the mouth of the ballot boxes with the lids in a manner that only the slits of the ballot boxes for dropping the ballot paper are open. Every ballot box shall be closed with the security seal and the Polling Officer shall execute a recognizance deed to be signed by the political parties and candidates or their agents present at the Polling Station. If they do not sign the deed, the Polling Officer shall set down that matter and get any other two persons present at the Polling Station to sign it.
29. Procedures for Providing Ballot Paper:
(1) The Polling Officer or the employee deputed by the Polling Officer shall verify the details of a voter after entering into the Polling Station to cast vote with the electoral roll, asking him or her, his or her name, surname, address and age, as well. In the course of such verification, the Polling Officer may require the concerned voter to produce any
kind of document, instrument or identity card setting out the identify of that voter specified by the Commission.
(2) While making verification pursuant to Sub-rule (1), even if it appears a minor error owing to the writing or printing in the details of any voter in the electoral roll, the Polling Officer shall allow such voter to cast a vote if he or
she is satisfied that such voter is the same person mentioned in the electoral roll.
(3) The Polling Officer or the employee deputed by him or her shall indicate a mark with indelible ink in the joint of nail and flesh on the thumb of the left hand of the voter prior to providing a ballot paper to the voter for voting. The
mark shall be indicated in the joint of nail and flesh of other finger respectively, if the voter does not have the thumb on the left hand and, in the finger of the right hand likewise, if there is no any other finger on the left hand. If the voter does not have any finger on the both hands, provision shall be made for voting through any person whom he or she chooses by mentioning such particulars.
(4) After indicating the mark pursuant to Sub-rule (3), following making a signature of the voter on the counterfoil and marking sign on it, the ballot paper to be used under the First Past The Post Electoral System shall be provided to the voter at first. Provided that, no sign, symbol or content, except the tick mark shall be indicated or written on the electoral roll.
(5) After the ballot paper to be used for the First Past The Post Electoral System is dropped into the ballot box pursuant to Sub-rule (4), the Polling Officer or the employee deputed by him or her shall give such voter the ballot paper to be used under the Proportional Electoral System before such voter comes out of the Polling Station.
30. Method for Casting Vote:
(1) A voter who has received a ballot paper shall proceed to the secret voting compartment to indicate vote and he or she shall indicate his or her vote by indicating vote seal in the box containing the symbol of the political party or candidates whom he or she chooses as set forth in rule 31 and then shall fold the ballot paper and drop it into the ballot box.
(2) Only one voter shall be allowed to enter into the secret voting compartment for voting at a time.
(3) If the Polling Officer thinks that any voter has stayed in the secret voting compartment for more time than is required to impress the indication of vote seal and fold the ballot paper, he or she may inspect the secret compartment and cause the voter staying there to go out.
(4) Where any voter after having received a ballot paper determines not to cast votes, the voter shall return the ballot paper to the Polling Officer.
31. To Impress Seal in Ballot Paper:
(1) A voter shall indicate the vote by impressing the Swastika mark in the box on the ballot paper assigned for any
one candidate whom he or she chooses, while casting vote for the election to be held under the First Past The Post Electoral System, and in the box set aside for any one political party whom he or she chooses, while casting vote for the election to be held under the Proportional Electoral System.
(2) While indication vote pursuant to Sub-rule (1), a voter shall go to the secret compartment specified for indicating the vote so that nobody can see voting and indicate his or her vote by impressing the Swastika mark.
(3) After indicating the vote pursuant to Sub-rule (2), a voter shall so fold the ballot paper that the indication of the pressed vote mark cannot be seen and drop it into the ballot box.
32. Complaint Against a Person Voting by Impersonation:
(1) Where any person appears to receive a ballot paper to vote by impersonating any other voter, any political party or candidate or his or her representative may make an objection by making an application in the format as referred to in Schedule 19, accompanied by the deposit of fifty rupees, to the Polling Officer.
(2) Where an objection is made pursuant to Sub-rule (1), the Polling Officer shall make a decision thereon by procuring necessary evidence and shall immediately mention such objection and decision thereon in the decision book.
(3) While making such decision pursuant to Sub-rule (2), if the objection found correct, the sum of the deposit shall be returned by the Polling Officer to the concerned person. If the objection found incorrect, the sum of the deposit shall be forfeited.
33. Use of Electronic Device:
(1) Notwithstanding anything contained elsewhere in this Rule, the Commission may provide for the use of any electronic device in any election constituency or all election constituencies or any election for the purposes of casting the vote.
(2) In casting vote in the election or election constituency where the Commission has provided for the use of any electronic device pursuant to Sub- rule (1), the voter shall use such electronic device for the purposes of casting a
vote.
(3) The procedures for using such electronic device shall be as determined by the Commission.
34. To Close the Slit of Ballot Box for Inserting Ballot Paper with Security
Seal:
After the completion of the act of polling at the Polling Station, the Polling Officer shall close the slit for inserting into the ballot paper with the security seal in accordance with the procedures prescribed by the Commission
for closing the ballot box and execute recognizance deed to be signed by the political parties or candidates or their representatives present at the Polling Station and if they do not sign the deed, the Polling Officer shall set down that
matter in the deed and get any other two persons present at the Polling Station to sign it.
35. To Prepare Inventory of Ballot Paper:
Upon the completion of the act of polling, the Polling Officer shall prepare inventories of ballot papers in the
format as specified by the Commission.
36. To Keep Safely the Remaining Ballot Papers and Documents:
Upon the completion of the act of polling, the Polling Officer shall put the following ballot papers remaining after being used in voting and documents used in polling in separate envelopes sealed wish wax-seal, with indicating the type and number of ballot papers contained therein and execute a recognizance deed to be signed by himself or herself and candidates or their representatives present at the Polling Station, if they so desire, and if they do not sign the deed, the Polling Officer shall set down that matter in the deed and get any other two persons present at the Polling Station to sign it:
a. Ballot papers not used,
b. Ballot papers that canceled,
c. Ballot papers lying outside ballot boxes,
d. Ballot papers returned by voters to the Polling Officer after
deciding not to cast vote.
e. Such other documents required by the direction of the Commission
or the Returning Officer to be put in sealed envelopes.
37. To Handover Ballot Boxes and Documents to the Returning Officer:
(1) The Polling Officer shall safely take and immediately hand over all election materials, including the ballot boxes bearing the security seal put in accordance with Rule 34, the sealed envelopes containing the ballot papers and documents as referred to in Rule 36 as well as other documents to the Returning Officer.
(2) Upon receipt of ballot boxes and documents pursuant to Sub-rule (1), the Returning Officer shall give a receipt thereof to the Polling Officer.
38. To Postpone Polling in Special Circumstance:
(1) Where the Polling Officer appointed to a Polling Station or the Returning Officer of that election constituency is satisfied that the act of polling cannot be conducted owing to any commotion as well as other extra ordinary situation at the Polling Station or failure of operation of electronic device owing to any reason or owing to any riot or natural calamity or any act behind control as referred to in Sub section 20
(1) of Section 40 of the Ordinance, and the polling at the Polling Station has to be postponed, the Polling Officer or the Returning Officer shall execute a recognizance deed indicating the reason for such postponement of polling, to be
signed by himself or herself and candidates or their representatives present at the Polling Station, and if they do not sign the deed, the Polling Officer shall set down that matter in the deed and get any other two persons present at the
Polling Station to sign it.
(2) After executing the recognizance deed on the postponement of polling pursuant to Sub-rule (1), the Polling Officer or Returning Officer shall publish a notice on the postponement of polling also clearly indicating the reason for the postponement of the polling.
Chapter – 6â â vote Counting And Election Results
Chapter – 6 Vote Counting and Election Results
39. Publication of Notice of Commencement of Counting of Votes:
(1) After all ballot boxes used for polling at the Polling Stations of the election constituency have been received from the Polling Officer, the Returning Officer shall publish in his or her office a notice in the format as referred to in Schedule
-19 for information to political parties and candidates, setting out the date, time and place for counting votes.
(2) The notice referred to in Sub-rule (1) shall also state that any political parties or candidates may if they so wish, appoint and send their vote counting agents in the place for counting of votes.
40. To Commence Counting of Votes at Specified Time:
(1) The Returning Officer shall commence the counting of votes at the place, date and time specified in the notice published pursuant to Sub-rule (1) of Rule 39 in the presence of political parties and candidates or their vote counting agents. Provided that, the absence of political party or candidate or their representative shall not be deemed to bar the act of counting of votes.
(2) The Returning Officer shall execute a recognizance deed on the commencement of counting of votes.
(3) The Returning Officer shall give information on the commencement of counting of votes to the Commission.
41. Examination of Ballot Boxes:
(1) After executing the recognizance deed on the commencement of counting of votes, the Returning Officer shall scrutinize the ballot boxes containing the ballot papers in the presence of the political parties or candidates or their election agents or vote counting agents present thereat as follows:
(a) Whether the ballot box of each Polling Station has been opened or broken or not.
(b) Whether the name of the Polling Station, code number and serial number of the ballot box has been mentioned on the ballot box or not.
(c) Whether the security seal affixed at the closing point of the ballot box is in order or not.
(2) The Returning Officer shall execute a recognizance deed on the examination of ballot boxes pursuant to Sub-rule (1).
(3) Where there appears any disorder or deficiency in examining the ballot boxes pursuant to Sub-rule (1), the Returning Officer shall execute a recognizance deed setting out that matter, to be signed by the political parties, candidates or their representatives present thereat. After the execution of such deed, such ballot boxes shall be kept in a safe place and the counting of ballot papers contained in the other ballot boxes shall commence. After the completion of such vote counting, counting of votes shall commence after making an understanding in relation to the ballot boxes in which such disorder or deficiency has been noticed. In the event of failure to reach understanding, information shall be given to the Commission and it shall be done as per the prevailing law.
42. Counting of Votes:
(1) The Returning Officer shall, as far as possible, commence the counting of votes under both electoral systems at the same time at the place, date and time set forth in the notice as referred to in Rule 39.
(2) Where it is not possible to so count votes at the same time pursuant to Sub- rule (1), the votes secured by candidates in the election held under the First Past The Post Electoral System shall be counted first, and only after the completion of the counting of such votes, the votes secured by political parties in the election held under the Proportional Electoral System shall be counted.
43. Counting of Votes under the First Past The Post Electoral System:
(1) After the deed on examination of the ballot box has been executed pursuant to Rule 41, the security seal affixed on the ballot boxes used for the purpose of the election held under the First Past The Post Electoral System shall be broken and the lid of the ballot box opened. All ballot papers contained in the ballot box shall be poured out in the place of counting of votes. While so pouring ballot papers, the ballot papers of more than one Polling Station shall be mixed in the same place and votes counted accordingly. Provided that, prior to mixing the ballot papers of more than one Polling Station in the same place and starting counting of votes, the ballot papers of each Polling Station shall be counted in accordance with the provisions of the directives which approved by the Commission and the counting shall be verified with the total number of votes cast at that Polling Station and details thereof shall be recorded separately and retained sally.
(2) After completion of the counting of votes of all Polling Station in any constituency under the First Past The Post Electoral System, the Returning Officer shall execute a recognizance deed on the completion of counting of
votes and prepare a vote counting chart in the format as specified by the guidelines approved by the Commission.
(3) After the preparation of the vote counting chart pursuant to Sub-rule (2), if two or more than two candidates secure an equal number of total valid votes, the Returning Officer shall make a decision by lot to be drawn between those candidates who have secured the highest number of valid votes.
(4) After having prepared the vote counting chart pursuant to Sub-rule (2), the Returning Officer shall, on the basis of that chart, prepare the election result in a format as referred to in Schedule -21 and declare the election result by
publishing a copy the election result.
(5) The Returning Officer shall send one copy of the election result pursuant to Sub-rule (4) to the Commission immediately.
(6) While declaring the election result pursuant to Sub-rule (4), the Returning Officer shall declare the candidate who secures the highest number of valid votes as elected.
(7) After the declaration of the election result, the Returning Officer shall give a certificate as referred to in Schedule -21.
(8) After the publication of the election result, the Returning Officer shall prepare an election report in a format as specified by the guidelines approved by the Commission.
44. Counting of Vote under the Proportional Electoral System:
(1) After the deed on the examination of ballot boxes has been executed pursuant to Sub-rule 41, the security seal affixed on the ballot boxes used for the purpose of the election held under the proportional electoral system shall be broken and the lid of the ballot boxes opened. All ballot papers contained in those ballot boxes shall be poured out in the place of counting votes. While so pouring ballot papers, the ballot papers of more than one Polling Station shall be mixed in the same place and the votes shall be counted. Provided that, prior to mixing the ballot papers of more than one Polling Station in the same place and starting counting of votes, the ballot papers of each Polling Station shall be counted in accordance with the provisions set forth in the guidelines approved by the Commission and the counting shall be verified with the total number of votes cast at that Polling Station, and details thereof shall be recorded separately and kept safely.
(2) While counting ballot papers pursuant to Sub-rule (1), setting aside the invalid ballot papers, the valid ballot papers shall be separated according to the symbols of political parties. After separating and making it bundle in such a way, a deed shall be executed mentioning the total numbers of cast votes of the each Polling Station
(3) While counting votes, the Returning Officer or the employee deputed by him or her shall show valid or invalid ballot papers to the election representative of the political parties or their vote counting agents. Provided that, they shall not be allowed to touch or correct ballot papers.
(4) Among the ballot papers set aside pursuant to Sub-rule (2), the invalid ballot papers shall be counted at first. Thereafter, the valid votes secured by the political parties shall be counted.
(5) Among the ballot papers counted, the Returning Officer shall seal the valid or invalid ballot papers in different envelopes with the own sealing wax and of the elected representatives of political parties or their agents.
(6) After completion of counting of votes of the election held under the Proportional Electoral System, the Returning Officer shall execute a recognizance deed on the completion of counting of votes, and shall sign on
that deed and also cause to be signed by the election representatives or vote counting agents of political parties, present at the place for counting of votes, in the deed.
(7) Upon the execution of the deed as referred to in Sub- rule (6), the Returning Officer shall mention the total number of valid votes secured by each political party in the chart as specified by guidelines approved by the Commission and also cause to be signed by the election representatives or vote counting agents of political parties.
(8) If the election representatives or vote counting agents of political parties do not sign on the deed or chart to be executed or prepared pursuant to this Rule, the Returning Officer shall mention that matter in the deed and cause to be signed by other two persons present at the place for counting of votes.
(9) The Returning Officer shall send one copy of the vote counting chart as referred to in Sub- rule (7) to the Commission immediately.
45. Declaration of Results of Proportional Election:
(1) After the vote counting charts have been received from the all Returning Officer pursuant to Sub- rule 25
(9) of Rule 44, the Commission shall prepare the chart of total valid votes secured by the political party, in the format as referred to in Schedule 23.
(2) The Commission shall declare the candidates as elected, among those candidates whose names are included in the close list of the candidates submitted to the Commission pursuant to Sub-Sections (3) of Section 7 of the
Ordinance with the decision of the central executive committee of the concerned political party for the proportional representation under the Sub Section, in proportion to the votes secured by that party under the
Proportional Electoral System. While declaring in such a manner, the Commission shall declare the candidates as elected under the provision of the Section 7 of the Ordinance.
(3) Where it appears that any political party has not selected the candidates pursuant to Section 7 of the Ordinance, among the candidates enlisted in the closed list of candidates submitted by the party to the Commission in proportion to the votes secured by that party under the Proportional Electoral System as mentioned in Sub-rule (2), the Commission shall give a period of three days to the political party to make corrections accordingly. Where the concerned political party fails to make corrections accordingly and does not submit an amended list of candidates, the Commission shall declare elected the candidates of the concerned political party to the percentage of seats proportionately from the received lists of candidates in a manner to have proportional representation
of the group pursuant to Sub-Section (3) of Section 7 of the Ordinance. The other procedure for the examination whether candidates have been selected proportionately or not shall be as determined by the Commission.
(4) The number of seats to be secured by a political party in proportion to the total number of valid votes secured by that political party in the election held under the Proportional Electoral System shall be determined by using result
division method as referred to in the Ordinance.
(5) While making allocation of the number of seats pursuant to this Rule, the quotient of more than one political party is equal in relation to any seat, it shall be decided by lot as to which of the political party is to secure that seat.
(6) After the declaration of election results, the Commission shall give a certificate as referred to in Schedule 24 to the elected candidate.
(7) The other procedure for the allocation of the number of seats in proportion to the votes secured by political parties in the election under the Proportional Electoral System shall be as determined by the Commission.
Chapter -7â Representative Of The Political Party Or Candidate
Chapter -7 Representative of the Political Party or Candidate
46. Election Agent:
(1) A candidate may appoint one election agent in one election constituency, where he or she is a candidate, in order to to perform the act to be done behalf of him or her.
(2) A political party may appoint one election agent in one election constituency in order to do all electoral acts on its behalf in the election to be held under the proportional electoral system.
(3) One whose name is included in the Electoral Rolls of the concerned election constituency and is literate may become an election agent.
(4) The duties of the election agent shall be as follows:
(a) To represent as an agent of the political party or candidate in polling, vote counting or other acts relating to the election.
(b) To sign as an agent of the political party or candidate in various recognizance deeds to be executed in the course of conducting polls, vote counting or other acts relating to the election.
(c) To cooperate in the completion of election in free, impartial, credible and peaceful manner.
(5) In the event of appointment of an election agent pursuant to Sub-rule (1), a notice of the appointment letter in the format as referred to in Schedule -25 shall be given to the Returning Officer no later than seven days after the date of publication of the final list of candidates.
(6) The Returning Officer shall issue an identity-card to the election agent in the format prescribed in Schedule -26.
47. Polling Agent:
(1) Any political party or candidate or his or her election agent may appoint a polling agent to do acts relating to polling in the election on his or her behalf in the format as referred to in Schedule -27.
(2) One whose name is included in the Electoral Rolls or the concerned election constituency and is literate can be appointed as an election agent.
(3) A political party or candidate or his or her election representative may appoint one polling agent as referred to in Sub-rule (1) at each Polling Station in order to do all polling related acts on its behalf.
(4) Information on the appointment of the polling agent pursuant to Sub-rule (3) shall be given to the Polling Officer of the concerned Polling Station.
(5) The Polling Officer shall issue the identity card in the format as referred to in Schedule -28 to a polling agent.
(6) It shall be the duty of the polling agent to cooperate in the completion of polling in a peaceful manner and sign on the recognizance deeds required to be executed in relating to polling.
48. Vote Counting Agent:
(1) Any political party or candidate or his or her election agent may appoint vote counting agents in such number as specified by the Returning Officer for the purpose of the vote counting act.
(2) One whose name is induced in the Electoral Rolls of the concerned election constituency and is literate can be appointed as a vote counting agent.
(3) The term of the vote counting agent shall, unless earlier terminated by the political party or candidate on his or her election representative be until the declaration of election results.
(4) The Returning Officer shall issue an identity card in the format referred to in schedule -29 to a polling agent for entering the vote counting place.
(5) It shall be the duty of the vote counting agent to assist in completing the vote counting in a peaceful manner and sign on the recognizance deeds required to be executed in relation to vote counting.
Chapter – 9â miscellaneous
Chapter – 9 Miscellaneous
49. Procedures for Providing Tendered Ballot Paper:
(1) Where any person representing himself or herself to be a real voter, after any one has, by his or her name, already received the ballot paper or voted in that name of that vote desirous to claim that he or she is real voter, he or she may make a claim, accompanied by evidence showing his or her identify before the Polling Officer that he or she is that real voter, in the format as referred to in Schedule -30.
(2) Where a claim is made pursuant to Sub-rule (1), the Polling Officer shall inquire as to whether the claimant in the real voter or not. Where the claimant submits an evidence of his or her identification, identity-card, citizenship
certificate or other evidence that reveals his or identification, the Polling Officer shall obtain duplicates thereof.
(3) Where, on the basis of the evidence submitted pursuant to Sub-rule (2), the Polling Officer is confident that the claimant is the real voter, the Polling Officer shall make a decision on it and recorded it in the decision book.
(4) After making decision pursuant to Sub-rule (3), the Polling Officer shall mention it on the inventory of ballot papers as referred to in Schedule-31, and cause to be signed by the claimant on the inventory and write “a tender ballot paper” in the blank space on the left side of the space to be signed by the Polling Officer in the ballot paper and provide the ballot paper to the claimant voter.
(5) The ballot paper as referred to in Sub-rule (4) shall not be inserted into the ballot box, but shall be put into a separate envelope kept for “tendered ballot papers”, and the Polling Officer shall keep such envelop in his or her own
custody.
(6) The Polling Officer shall also maintain a separate record containing the details of claimants, nature of evidence of claimants and decision, as well.
50. Election Expense:
(1) The Commission shall, pursuant to Section 69 of the Ordinance, specify the ceiling of expenses which can be spent by a candidate, in the case of election to be held under the First Past The Post Electoral System and by a political party, in the case of the election to be held under the Proportional Electoral System.
(2) A political party, candidate or their election representatives shall furnish the details of all expenses incurred in the election during the period of election to the District Election Office of the concerned district in the format as referred to in Schedule-32 in relation to the details of expenses incurred by the candidate in the election held under the First Past The Post Electoral System, and to the Commission in the format as referred to in Schedule -33 in relation to the details of expenses incurred by the political party in the case of the election held under the Proportional Electoral System;
51. Format of Recognizance Deeds: The format of the recognizance deeds to be executed pursuant to this Rule shall be as approved guidelines by the Commission.
59. Alteration and Amendment in the Schedules:
The Commission may, as required, alter and amend the schedules attached with this Rule
Schedule -1
Schedule -2
Schedule – 3
Schedule – 3
(Relating to Sub-rule (1) of Rule 6)
Nomination of Candidate
(To be filled by the proposer)
The Returning Officer,
Office of Returning Officer,
————- District, Election Constituency Noâ¦.
I hereby propose and nominate Mr./Ms, as a candidate for the election
to the members of the Constituent Assembly under the First Past The
Post Electoral System from this Election Constituency of ———-
District. His or her details are as follows:
1. Name in Full: ——–
Age ——- Year ———–Sex: Male/Female
Address : – district ————— VDC/Municipality ———-
Ward no —— Street (tole) —————
House no ————————
2. Mother or Father’s name in full ————
3. Husband or wife’s name in full ————–
4. Voter serial number in the Electoral Roll ————-
VDC/Municipality —————- Ward no —-
Election Constituency no ————- District ————-
My details contained in the Electoral Rolls one as follows.
1. Name in full ————–
36
Age ——- Year ———–Sex: Male/Female
Address : – District ————— Election Constituency
VDC/Municipality ———-ward no ——
2. Mother or Father’s name in full —————-
3. Husband or wife’s name in full —————-
4. Voter serial number on the Electoral Rolls ———————-
VDC/Municipality ————- Ward no ————-
Election Constituency no ———– District ————
Date ————–
——————
Proposer
(To be filled by the seconder)
I hereby second the proposal nominating Mr. ———- as a candidate for
the electoral system from this Election Constituency of ——-district, as
mentioned above by the proposer Mr./Ms. ————-
My name is included in the Electoral Rolls of this Election Constituency
of ———– district and the related details are as follows:
1. Name in full ———
Age ———- year —————- sex: Mall/Female
Address :- —————— election constituency no ————-
VDC/Municipality ——————- Ward no ———-
2. Mother or Father’s full name ————————
3. Husband or wife’s name in full ————————
37
4. Voter serial number on the Electoral Rolls ———————
VDC/Municipality ————– Ward no —————-
Election Constituency no ————
Date ————–
—————
Seconder:
(To be filled by the nominated Candidate)
As being proposed and nominated as a candidate by Mr./Ms. ————–, I
hereby express my consent to be candidate from election constituency no —-
—— of —————- district for the election of the members of the
Constituent Assembly.
I have the qualification required for being a candidate for the election to the
members of the Constituent Assembly pursuant to the Interim Constitution
of Nepal, 2063 (2007) and the Election of the Members of the Constituent
Assembly Ordinance, 2070 (2013). I am not disqualified to be a candidate
for the election to the members of the Constituent Assembly, pursuant to
Section 19 of the election of the Members of the Constituent Assembly
Ordinance, 2070 (2013).
I shall remain fully faithful in the Interim Constitution of Nepal, 2063
(2007). I shall fully observe the prevailing laws on election and “election
code of conduct” required to be observed in the capacity of the candidate for
election works and other tasks. I have attached two photographs and the
following documents with this nomination paper.
1. A formal letter given by ————- political party approving his or her
candidacy.
38
2. A voucher with the voucher no.——of the deposited amount of
Three Thousand Rupees of ⦠Bank/a receipt of cash with the
receipt no. ——–of the deposited cash amount in the Election
Office pursuant to Section 67 of the Election of the Members of the
Constituent Assembly, 2070 (2013).
3. A transcript of the Electoral Rolls of Election Constituency number ——
—- of ————— District, in which my name is included.
Date ————–
——————
Nominated Candidate
(To be filled by Returning Officer)
This nomination paper has been presented before me by Mr./Ms/Mrsâ¦â¦..
candidate/proposer/representative of the nominated candidate on (date)
â¦â¦. at (time) â¦â¦â¦.am/pm on (the day) â¦â¦…
Date ————–
——————
Returning Officer
Decision
I have examined and scrutinized this nomination paper and made the
following decision pursuant to the Election of the Members of the
Constituent Assembly Ordinance, 2070 (2013), the Interim constitution of
Nepal, 2063 (2007) and the Election of the Members of the Constituent
Assembly Rule, 2070 (2013)
(Short description of the decision)
Date ————–
——————
Returning Officer
Election Constituency No:
Schedule -4
Schedule -4
(Relating to Sub-rule (2) of Rule 6)
Formal Letter of Nomination by the Political Party
The Returning Officer,
Office of Returning Officer,
—— District, Election Constituency No —-
Whereas, Mr. —————- has been nominated as a candidate on behalf
of the political party named —————- for the election to the members of
the Constituent Assembly under the First Past The Post Electoral System
from election constituency number ———— of ——————— district to
be held on ————— (date), now, therefore, this formal letter is hereby
provided. His or her name is not included in the closed list of candidates
under the Proportional Electoral System. His or her details are as follows.
Name in full: ——————-
Address: ————— District ————– Village Development
Committee/Municipality —————— Ward No. ————-
Village/Tole —————– Election Constituency No———
Mother or Father’s name in full;————-
Husband or wife’s name in full ————–
Address: —————— District ————– VDC/Municipality ————–
— Ward no —————- Election Constituency No —-
District ———–
Signature of the office bearer authorized to provide the formal letter ———-
—–
41
Copy To:
Full name ————
Designation ———–
Schedule -5
Schedule -6
Schedule -6
(Relating to Rule 11)
(Complaint to be made against Candidate)
The Returning Officer,
Office of Returning Officer,
———–District, Election Constituency No——–
Whereas Mr./Ms. ———–, who has filed a nomination paper for being candidate
from this electoral constituency for the election of the members of the Constituent
Assembly to be held under the First Past The Post Electoral System is not qualified
for the following reason. Now, therefore, I have made this complaint for the
cancellation of his or her nomination paper.
Reason:
—————————————————————————————
—————————————————————————————
Attached evidence:
————————————————————————————–
————————————————————————————–
Complaint making candidate/Representative of
Candidate.
Signature: ——————— Full name: ——————-
Date: ————————– Address: ——————
(To be filled by Returning Officer)
44
This nomination paper has been presented before me by
Mr./Ms/Mrs/â¦â¦â¦â¦. candidate/proposer/representative of the nominated
candidate on (date)â¦â¦â¦ at (time)â¦. am/pm on (the day) ⦅
Date ————–
——————
Returning Officer
Decision
I have examined and scrutinized this complain and made the following decision
pursuant to the Election of the Members of the Constituent Assembly Ordinance,
2070 (2013) and the Election of the Members of the Constituent Assembly Rule,
2070 (2013).
(Short description of the decision)
——————————————
Date ————–
——————
Returning Officer
————District
Election Constituency Number ———-
Schedule – 7
Schedule – 8
Schedule – 8
(Relating to Sub-rule (1) of Rule 14)
Notice on the Withdrawn of Name
The Returning Officer,
Office of Returning Officer,
———– District, Election Constituency No——
Whereas, my nomination paper was field in the office of Returning Officer on —–
—(date) for being a candidate from the election constituency number —————
of ——————- district for the election to the members of the Constituent
Assembly to be held under the First Past The Post Electoral System and whereas,
my name has been included in the name list of candidates published in the office of
Returning Officer on ——– (date), and now I am no longer interested in being a
candidate from this election constituency, Now, therefore, I have, with my free will
and consent, withdrawn my name from the name list of candidates published on —
—– (date), and I have given this notice pursuant to Section 27 of the Election to
the Members of the Constituent Assembly Ordinance, 2070 (2013) and Sub-rule
(1) of rule 14 of the Election of the Members of the Constituent Assembly Rule
2070 (2013).
Date ———
Signature ————-
Full Name —————-
Address ——————–
The notice referred herein was received at ——- hours on (date) ————-in this
office from the candidate/candidate’s agent Mr./Ms./Mrs ———-
Returning Officer
————— District
Election Constituency Nsumber ————-
Schedule – 9
Schedule – 9
The Election Commission
Office of Returning Officer
———— District, Election Constituency no. ———–
Notice of Removal of Name
Whereas, Mr./Ms./Mrs ————– who had field a nomination paper for being a
candidate from the Election Constituency number ——— of ——District for the
election to the members of the Constituent Assembly to be held under the First
Past The Post Electoral System, submitted on his or her own/through his or her
agent ———–, an application to his office for withdrawing his or her name on —-
——– (date), Now, therefore, his or her name has been removed from the name
list of candidates pursuant to Section 27 of the Election of the Members of the
Constituent Assembly Ordinance, 2070 (2013), and this notice is hereby published
to that effect, pursuant to Sub-rule (5) of Rule 14 of the Election of the Members of
the Constituent Assembly Rule, 2070 (2013).
Date ———–
Returning Officer
———District
Election Constituency number ——
Schedule – 10
Schedule – 11
Schedule – 11
(Relating to Sub-rule (1) of Rule 16)
Subject: Objection on the closed list of the candidates
The Election Commission,
Kantipath, Kathmandu.
Whereas, Mr/Ms/Mrs ——————- who is enlisted in the closed list of candidates submitted by ——————– political party to that Commission for the election to the members of the constituent assembly to be held under the
proportional electoral system, published by the Commission on —————- (date) is not qualified, for the following reason, for the election to the member of the constituent assembly, pursuant to Article 65 of the Interim Constitution of Nepal, 2063 (2007) and Section 18 and 19 of the Election of the Members of the Constituent Assembly Ordinance, 2070 (2013). Therefore, I have this complaint for the removal of his or her name from the said
list.
Grounds for Disqualification
â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦.
â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦â¦.
Applicant’s Signature:
Full name of candidate:
Name of political party:
Address:
Date:
Schedule – 12
Schedule – 13
Schedule – 13
(Relating to Sub-rule (3) of Rule 17)
The Election Commission
Office of Returning Officer
———–District, Election Constituency No ——-
Declaration on elected unopposed
Whereas, Only one candidate has remained in this election constituency in the election to the members of the Constituent Assembly to be held under the First Past The Post Electoral System, Now, therefore, I hereby declare that he or she has been elected unopposed from this election constituency, pursuant to Section 30 of the Election to the Members of the Constituent Assembly Ordinance, 2070 (2013) and Sub-rule (3) of rule 17 of the Election of the Members of the Constituent Assembly Rule, 2070 (2013).
1. Full Name :
2. Mother or father/husband or wife’s full name:
3. Age:
4. Sex:
5. Address:
6. Political party/Independent:
Date ————-
Returning Officer
———-District
Election Constituency Number ———-
Schedule – 14
Schedule – 14
(Relating to Rule 18)
The Election Commission
Office of Returning Officer
———–District, Election Constituency No——-
Identity card of candidates for election of member of the Constituent Assembly to
be held under the First Past The Post Electoral System.
Full name ————-
Name of political party ———-
Independent Candidate —————-
Election Constituency number ———-
District ———–
Seal of office:
Returning Officer
———-District
Constituency Number ———–
Schedule – 15
Schedule – 16
Schedule – 17
Schedule – 18
Schedule – 19
Applicant/agent/representative of political party or candidate:
Signature:
Full name:
Address:
Schedule – 20
Schedule – 20
(Relating to Sub-rule (1) of Rule 39)
The Election Commission
Office of Returning Officer
————–District, Constituency N. ———–
Notice on specification of date, time and venue for counting of votes Whereas, the act of polling has completed at all Polling Stations of election constituency n. ——- of ————– district for the election of members of the
Constituent Assembly and ballot boxes have been received from all Polling Stations, and whereas, the counting of votes shall commence at the following date, time and venue. Now, therefore, for the purpose of Section 48 of the Election of the Members of the Constituent Assembly Ordinance, 2070 (2013), this notice is hereby published to that effect, pursuant to Sub-rule (1) of Rule 39 of the Election of the Members of the Constituent Assembly Rule, 2070 (2013). Those political parties/candidates/their election representatives who wish to appoint their vote counting agents are informed through this notice to so send their vote counting agents before the Returning Officer at least one hour before the counting begins.
Date: ———-
Time: ———
Returning Officer
——– District Constituency Number ——
Schedule – 21
Schedule – 22
Schedule – 22
(Relating to Sub-rule (7) of Rule 43)
The Election Commission
Office of Returning Officer
————–District, Constituency Number ———–
Certificate of Constituent Assembly Member under the First Past The Post
Electoral System
I hereby grant this certificate, pursuant to sub-Section (2) of Section 57 of the
Election of the Members to the Constituent Assembly Ordinance, 2070 (2013) and
to Sub-rule (7) of rule 43 of the Election of the Members of the Constituent
Assembly Rule, 2070 (2013), certifying that Mr./Ms/Mrs ————— has been
elected from the election constituency number —————–, ——————
district, in the election of the member of the Constituent Assembly to be
constituted pursuant to clause (1) of Article 63 of the Interim Constitution of
Nepal, 2063 (2007).
Date: ———-
Returning Officer
——–District
Constituency Number ——
Schedule – 23
Schedule – 24
Schedule – 24
(Relating to Sub-rule (6) of Rule 45)
The Election Commission
Certificate of Constituent Assembly Member under the Proportional System
I hereby grant this certificate pursuant to Sub-rule (6) of Rule 45 of the Election of
the Members of the Constituent Assembly Rule, 2070 (2013), certifying that
Mr./Ms./Mrs ————- has been elected on —————– (date) from political
party———– in the election of the member of the Constituent Assembly to be
constituted pursuant to Sub- article (1) of Article 63 of the Interim Constitution of
Nepal, 2063 (2007).
Date:
Returning Officer
Election Commission
Schedule – 25
Schedule – 25
(Relating to Sub-rule (5) of Rule 46)
Appointment of election Agent/Representative
The Returning Officer,
Office of Returning Officer,
———– District, Constituency No ————–
I have appointed, pursuant to Section 60 of the Election to the Members of the
Constituent Assembly Ordinance, 2070 (2013), Mr./Ms/Mrs ——— as the election
representative/agent, to carry out acts required to be carried in relation to the
election on behalf of —————- political party/candidate in the election
constituency number —————-, ————– district, in the election to the
member of the Constituent Assembly to be held under the First Past The Post
Electoral System/Proportional Electoral System. Any electoral act carried out by
him or her as the election agent of mine or of ———– political party is agreeable
to me/———political party.
Office- bearer authorized by the political party appointing the election
agent/candidates:
Signature:
Full name:
Address:
Schedule – 26
Schedule – 27
Schedule – 28
Schedule – 29
Schedule – 30
Schedule – 31
Schedule – 32
Schedule âââ 33
(Source: Nepal Law Commission)
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