Constituent Assembly Election in Nepal

1
Constituent Assembly Election in Nepal

• Legal Solutions to Election Result Disputes
• -Election Commission Of
  Nepal

2
Mandate

• Cases of election disputes are within the purview
  of the Election Commission during the elections.
• After the Elections - disputes/differences
  arising out of election process are fallen under
  the jurisdiction of the Constituent Assembly
  Court.
• Individual candidate has the right to challenge
  the election results in the court.
• Procedures and processes are defined by the laws.

3
Constituent Assembly Court

• An independent Constitutional Agency
• Three Judges including one Chairperson appointed
  by the government in the recommendation of the
  Judicial Council
• Only seating judges of Supreme Court are eligible
• The Court is dissolved by the government after
  the completion of its job.

4
Jurisdiction of the Court

• Disqualification of any elected members
• Invalidation of elections
• Recounting
• Cases related to electoral offences

5
Right of the Court

• Obtain the required evidence/proof from any
  person or institutions
• Issuances of summons or order to arrest, if
  necessary
• All rights and procedure exercised by trail
  court to settle the cases.
• Right to issue the Interim Order to prevent any
  elected members to continue its business, if
  necessary.
• Right to initiate proceedings and impose
  penalties for contempt of court.

6
Time for decision and appeal

• Within 3 months once the response is received
  from the concerned parties.
• Within 7 days once all the required evidences are
  collected.
• Final decision by the court and no provision of
  appeal.

7
Additional provisions

• Candidates or parties must submit their statement
  of expenditure to the Election Commission within
  35 days of the final election results.
• If the expense exceeds the sealing or the
  statement is not submitted on time, the
  Commission has the right to impose fine or
  disqualify the individual to participate in any
  elections for up to six years.
• In such a case if the individual is an elected
  member, the result shall ipso facto be canceled.
• Commission has to follow the due process of law
  and time for explanation to the person affected
  be given .
• Such decision of the Commission could be
  challenged in the Supreme Court within 35 days of
  the decision.

8
Legal Tools

• Interim Constitution
• Constituent Assembly Court Act
• Constituent Assembly Member Election Act
• Election (Offences and punishment) Act
• Election Commission Act.