269.
Formation, registration and operation of political parties: (1)
Persons who are
committed to
common political ideology, philosophy and program may, subject to
laws made under
sub-clause (c) of clause (2) of Article 17, form and operate
political
parties, and generate, or cause to be generated, publicity in order to secure
support and
cooperation from the general public for their ideology, philosophy and
program or
carry out other necessary activity for this purpose.
(2) A political
party formed in accordance with clause (1) must register
the party with
the Election Commission upon fulfilment of the procedures
established by
law.
(3) A petition
to be made for the purpose of registration of a party in
accordance with
clause (2) must be accompanied by the constitution and manifesto
of the
concerned political party and such other documents as required by the
Federal law.
(4) For a
petition to be made for the registration of a party in accordance
with clause
(2), the political party must fulfil the following conditions:
(a) its
constitution and rules must be democratic,
(b) its
constitution must provide for election of each of the officebearers
of the party at
the Federal and State levels at least once in
every five
years;
provided that
nothing shall bar the making of provision by the
constitution of
a political party to hold such election within six
months in the
event of failure to hold election of its office-bearers
within five
years because of a special circumstance.
(c) there must
be a provision of such inclusive representation inits
executive
committees at various levels as may be reflecting the
diversity of
Nepal.
180
(5) If the
name, objective, insignia or flag of a political party is of such a
nature as to
jeopardize the religious and communal unity of the country or to
fragment the
country, that party shall not be registered.
270.
Prohibition on imposition of restrictions on political parties: (1)
Any law,
arrangement or
decision so made as to impose any restriction on the formation and
operation of a
political party and on the generation of publicity in order to secure
support and
cooperation from the general public for the ideology, philosophy and
program of the
party in accordance with Article 269 shall be deemed to be
inconsistent
with this Constitution and shall, ipso facto, be void.
(2) Any law,
arrangement or decision so made as to allow for
participation
or involvement of only a single political party or persons having
similar
political ideology, philosophy or program in the elections or in the political
system of, or
in the conduct of governance of, the country shall be deemed to be
inconsistent
with this Constitution and shall, ipso facto, be void.
271.
Registration required for securing recognition for the purpose of contesting
elections
as political party: (1) Every political party that is
registered in
accordance with
Article 269 and intends to secure recognition from the Election
Commission for
the purposes of elections must be registered with the Election
Commission in
fulfilment of the procedures set forth in the Federal law.
(2) The
political party must submit a yearly audit report in addition to
the matters set
forth in clause (3) of Article 269 along with an application to be
made for the
purpose of clause (1) and also fulfil the terms set forth in clause (4) of
that Article.
272.
Other provisions relating to political parties: Provisions
relating to the
formation,
registration, operation and facilities of political parties and other matters
pertaining thereto
shall be as provided for in the Federal law.
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