Election Commission

245. Election Commission: (1) There shall be an Election Commission of Nepal,

consisting of a Chief Commissioner and four other Commissioners. The Chief

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 Commissioners.

(3) The term of office of the Chief Election Commissioner and

Commissioners of the Election Commission shall be six years from the date of

appointment.

(4) Notwithstanding anything contained in clause (3), the office of the

Chief Election Commissioner or Election Commissioner shall be vacant in any of

the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if he or she attains the age of sixty-five years,

(c) if a motion of impeachment is passed against him or her under

Article 101,

(d) if he or she is removed from office by the President on

recommendation of the Constitutional Council on grounds of

his or her inability to hold office and discharge the functions

due to physical or mental illness,

(e) if he or she dies.

(5) The Chief Election Commissioner and Commissioners appointed

under clause (2) shall not be eligible for reappointment.

Provided that a Commissioner may be appointed to the office of Chief

Election Commissioner, and when a 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 Commissioner.

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(6) A person shall be eligible to be appointed as the Chief Election

Commissioner or an Election Commissioner if he or she possesses the following

qualification:

(a) holding a bachelor's degree from a recognized university,

(b) not being a member of any political party at the time of

appointment,

(c) having attained the age of forty five years, and

(d) being of high moral character.

(7) The remuneration and other conditions of service of the Chief

Election Commissioner and Election Commissioners shall be as provided for in

the Federal law. The remuneration and conditions of service of the Chief Election

Commissioner and the Commissioners shall not, so long as they hold office, be

altered to their disadvantage.

Provided that this provision shall not apply in cases where a state of

emergency is declared because of extreme economic disarrays.

(8) A person once appointed as the Chief Election Commissioner and a

Commissioner of the Election Commission shall not be eligible for appointment in

other government service.

Provided that 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.

246. Functions, duties and powers of the Election Commission: (1) The Election

Commission shall, subject to this Constitution and the Federal law, conduct,

supervise, direct and control the election to the President, Vice-President,

members of the Federal Parliament, members of State Assemblies and members of

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Local level. For these purposes, the Election Commission shall prepare electoral

rolls.

(2) The Election Commission shall hold a referendum on a matter of

national importance pursuant to this Constitution and the Federal law

(3) If, after nomination of candidacy for the President, Vice-President,

member of the Federal Parliament, member of State Assemblies or member of

Local level has been filed but before the election results are declared, a question

arises about the qualification of a candidate, the Election Commission shall decide

that question.

(4) The Election Commission may so delegate any of its functions,

duties and powers to the Chief Election Commissioner, Election Commissioner or

any government employee as to be exercised and complied with subject to the

specified conditions.

(5) Other functions, duties and powers and rules of procedure of the

Election Commission shall be as provided for in the Federal law.

247. To provide necessary assistance to Election Commission: The Government of

Nepal, State Government and Local Government shall provide such employees and

other assistance to the Election Commission as may be required to perform its

functions pursuant to this Constitution.