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Laws related to political parties (Draft by Election commission)




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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