Constitution

Bhutan 2008 Constitution

Article 23. Elections

  1. Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections.
  2. A person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is:
    1. A Bhutanese citizen as evidenced by a Citizenship Card;
    2. Not less than eighteen years of age;
    3. Registered in the civil registry of that constituency for not less than one year, prior to the date of the election; and
    4. Not otherwise disqualified from voting under any law in force in Bhutan.
  3. A candidate for an elective office under this Constitution shall:
    1. Be a Bhutanese citizen;
    2. Be registered voter of that constituency;
    3. Be a minimum of twenty-five years and maximum of sixty-five years of age at the time of filing the nomination;
    4. Not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals; and
    5. Fulfil the necessary educational and other qualifications prescribed in the Electoral Laws.
  4. A person shall be disqualified as a candidate or a member holding an elective office under this Constitution, if the person:
    1. Is married to a person who is not a citizen of Bhutan;
    2. Is terminated from Public Service;
    3. Is convicted for any criminal offence and sentenced to imprisonment;
    4. Is in arrears of taxes or other dues to the Government;
    5. Has failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification;
    6. Holds any office of profit under the Government, public companies or corporations as prescribed in the Electoral Laws; or
    7. Is disqualified under any law made by Parliament.
  5. Any disqualification under section 4 of this Article shall be adjudicated by the High Court on an election petition filed pursuant to a law made by Parliament under section 7 of this Article.
  6. In order to provide for informed choice by the voter, a candidate for an elective office shall file, along with his or her nomination, an affidavit, declaring:
    1. The income and assets of the candidate, spouse and dependent children;
    2. His or her bio-data and educational qualifications;
    3. Records of criminal convictions, if any; and
    4. Whether the candidate is accused in a pending case for an offence punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
  7. Parliament shall, by law, make provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to Parliament and Local Governments, and the Code of Conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the Houses of Parliament and the Local Governments.
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