Nepal 2006 Constitution (reviewed 2012)

Part 14. ELECTION COMMISSION

128. Election Commission

1. There shall be an Election Commission of Nepal, consisting of the Chief Election Commissioner and a maximum of four other Election Commissioners as may be required. If, apart from the chief election commissioner, any other Election Commissioner is appointed, the Chief Election Commissioner shall act as the Chairperson of the Election Commission.
2. The President shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and other Election Commissioners.
3. The term of office of the Chief Election Commissioner and other Election Commissioners shall be six years from the date of appointment, subject to Sub-clause (a) of the proviso to Clause (7).Provided that
   1. if before the expiry of his or her term, the Chief Election Commissioner or an Election Commissioner attains the age of sixty five years, he or she shall retire.
   2. the Chief Election Commissioner and an Election Commissioner may be removed from his or her office on the same ground and in the same manner as has been set forth for the removal of a Judge of the Supreme Court.
4. The office of the Chief Election Commissioner or of an Election Commissioner shall be deemed vacant in any of the following circumstances:
   1. if he or she tenders resignation in writing to the President;
   2. if, pursuant to Clause (3), his or her term expires or he or she ceases to hold his or her office; or
   3. if he or she dies.
5. No person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner unless he or she possesses the following qualification:
   1. holds a Bachelor’s Degree from a university recognized by the Government of Nepal;
   2. is not a member of any political party immediately before the appointment;
   3. has attained the age of forty five years; and
   4. Possess a moral character.
6. The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall be as determined by law. The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall not, so long as they hold office, be altered to their disadvantage.
7. A person once appointed as the Chief Election Commissioner or the Election Commissioner shall not be eligible for appointment in other government service.Provided that
   1. nothing in this Clause shall be deemed to be a bar to the appointment of an Election Commissioner as the Chief Election Commissioner, and when an Election Commissioner is so appointed as the Chief Election Commissioner, his or her term of office shall be so computed as to include his or her term as the Election Commissioner.
   2. nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

129. Functions duties and, powers of Election Commission

1. The Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control the election to the Constituent Assembly, any referendum to be held under Article 157 of this Constitution and elections to the Local Authorities. For these purposes, the Election Commission shall prepare the electoral rolls.
2. If, after nominations of candidacy for the member of the Constituent Assembly have been filed but before the election is completed, a question arises whether a candidate is disqualified or has ceased to possess the qualification set forth in Article 65, the Election Commission shall make decision thereon.
3. The Election Commission may delegate any of its functions, duties and powers to the Chief Election Commissioner, Election Commissioner or any employee of the Government of Nepal as to be exercised and complied with subject to the specified conditions.
4. Subject to this Constitution, other functions, duties and rules of procedure of the Election Commission shall be as determined by law.

130. Government of Nepal to provide necessary employees to Election Commission

The Government of Nepal shall provide the Election Commission with such employees and other things as may be required to perform its functions in accordance with this Constitution.