The Election Commission (EC) has requested the aspirant candidates of the upcoming local level election to remove their names from the closed list of the candidates to be elected under the proportional representation (PR) electoral system in the House of Representatives and the Provincial Assemblies.
Issuing a statement on Thursday, the EC has asked the candidates of the local level poll, slated for May 13, to remove their names from the closed list before April 23.
It has also clarified that as long as the names of the candidates are in the closed list, they will not be allowed to file their candidacy in the local poll.
The EC is ready to remove the name of such persons from the closed list if the political party that nominated their names for the closed list sends a letter to it within the day before the date (April 23).
Articles 84 and 176 of the Constitution have provision of electing members of House of Representatives and the Provincial Assembly from the first-past-the-post system and proportional representation system
Similarly, Sub-section (9) of Article 28 of the House of Representatives Election Act, 2074 BS has provision that the party has to submit the closed list of the candidates with the approval of the person concerned.
The Sub-section (1) of section 30 of the same act has also mentioned that the final closed list published by the EC will be valid during the tenure of the HoR.
In the restrictive phrase of the same sub-section of the Act has also mentioned that if the nominating party sends a letter to remove the name of a candidate from the close list after the formation of the HoR, the commission can remove the name of such candidate from the list.
EC’s Spokesperson Shaligram Sharma Poudel said that sub-section (3) of the same section states that a person whose name is included in the closed list of the candidate for the House of Representatives cannot be a candidate in the National Assembly, Provincial Assembly or local level elections.
Articles 28, 29 and 30 of the Provincial Assembly Member Election Act, 2074 BS have similar provisions, the EC said.
According to the EC, it has been removing the names of the candidates from the closed lists after the concerned political parties decided to remove the names of the candidates from the closed list in accordance with the provisions of the House of Representatives Election Act and Provincial Assembly Member Election Act.
Spokesperson Poudel said that the existing laws doesn’t allow EC to remove the name from the closed list on the basis of the person’s request.
Voter’s list will not be changed
Meanwhile, the EC has stated that there will be no alteration in the voter’s list now. The commission had published the final list of voters on March 27.
Stating that the EC has been receiving requests to correct the list even now, Poudel said no amendment, modification or change could be made in the final voter list published on March 27.
Source : TRN,
