Kathmandu,
Dec. 25: The Election Commission has prepared a draft for amending the laws
related to political parties with the objective of making the political parties
responsible and accountable to their works and activities.
The
draft is related to the formation and registration of political parties and
their inclusive structure, internal democracy, institutional development and
transparency.
The
EC has proposed in the draft to remove the provision related to defection after
making an analysis of the situation in which there were party defections and
splits were rapidly increasing thereby creating negative impression about the
political parties among the general public.
The
draft stresses the principle that there should be unity in parties and not
splits. Accordingly, it has provision which stipulates that two or more than
two parties can merge after reaching an understanding as per their respective
party statute.
Similarly,
the provision requiring the signatures of at least 10,000 voters for
registering a political party has been amended. After the amendment, only 500
voters have to have written understanding for registering a new party. It is
stated in the draft that a Nepali citizen who has reached 18 years of age and
who is committed to the same ideology, principles and programmes can register a
political party remaining under the constitution and the ordinance.
The
draft also proposes disallowing party membership based on any particular
religion, race, caste, community, region, gender, language and to any person
working against the constitution. It is also proposed in the draft that it
would be appropriate to make provisions for rescinding the registration of the
political party failing to present its audit report to the EC for three years
in a row and not ensuring the inclusive representation in the party's
organizational structure.
The
draft also has provisions specifying the works, responsibilities and functions
of the political parties which are to identify the interests and concerns of
the citizens, development agenda and reflecting that interest and concerns in
the party's policy
Working
as a bridge between the citizens and the state mechanism, promoting good
governance in the administrative system of the country and carrying out other
works for the promotion of democracy would be among the responsibilities of the
political parties, the draft ordinance states.
The
draft also proposes that there should be provisions barring the political
parties from carrying out any activities that hurt the national sovereignty and
integrity or have adverse impact on national unity and activities like general
strike, shutdowns and transport strike that cause hassles to the general
public.
It
is also stated in the draft that provisions should be made barring teachers,
professors and employees working in educational institutions operated from the
government funds from becoming the members of the political parties.
Provisions
have also been made regarding the income of the parties. It is stated that
membership fees, voluntary financial contributions, the money coming from the
sale of publications of the party and the funds received from the financial
assistance distribution fund are the source of income of a political party.
It
is also stated in the draft that except bodies stipulated by the constitution,
laws and ordinance, the government, the local bodies under the government,
organizations and associations under the government, welfare organizations,
NGOs and cooperatives, government employees, foreign organizations and
anonymous individuals and organizations cannot provide financial assistance to
the political parties.
The
maximum financial assistance that an individual or an organization can provide
a political party would be as stipulated in the Nepal Gazettee. It is also
stated that this assistance should be provided through banking system.
The
draft also proposes making provision in which a party acquiring financial assistance
and the person providing funds to the party in contravention of the law would
be liable for a fine equivalent to the amount provided in assistance. It is
also stated that such a party or an individual would be disqualified from
standing in election to any public bodies for six years from the date when the
fine was imposed.
There
is also the provision in which the party acquiring at least three per cent of
the total votes cast in a national level election would get financial
assistance provided by the state from the Election Commission. It has been
suggested to set up a financial assistance fund for this purpose.
The
political parties are also required to maintain the accounts of their income
and expenditure and have that audited within six months from the conclusion of
the Fiscal Year. The parties are also required to submit the audit report to
the EC. It has also been suggested in the draft that it would be appropriate to
have a provision of imposing a fine of Rs. 10,000 against a party not keeping
its accounts properly and not submitting the particulars of the accounts to the
EC when asked to.
Except
the past legal provisions, a political party securing two seats in
parliamentary election shall be recognized as a parliamentary party and a party
member crossing a floor during the voting or remaining neutral and remaining
absent shall be considered as quitting the party.
The
Commission shall settle the disputes on the issues relating to party name,
symbol, statute, flag, logo, party's central committee or general conventions.
As
per the draft, any political party shall have to be registered at the
Commission as per the prevailing laws before participating in the election and
the people nominated as office bearers and members on the central committee
shall submit the property details at their respective party office within 60
days of the nomination. The office bearers and members found not abiding by
this provision shall be fined Rs. 10,000.
If
any political party needs to hold assembly, rally or processions, the local
administrations shall be informed about this before 72 hours of the event. This
provision has been included in draft bill developed by the EC with a view to
amending and integrating laws related to the political parties.
The
EC has started holding consultations with the political parties about the draft
from yesterday to know their views on the issues and solicit suggestions.
Similarly, the EC has
prepared an integrated draft along with election code of conduct aimed at
guaranteeing free, fair, transparent and credible election. The code of conduct
is meant for not only any particular party but also for every election from the
local to national level, the Commission said
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