nayan135/constitution · Datasets at Hugging Face

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also from women, Dalit , indigenous , indigenous nationalities , Khas Arya ,
Madhesi , Tharu , Muslims and backward regions, minority communities, on the
basis of popul ation. I n so fielding candidacy , regar d shall also be had to
geographical balance of the concerned State .
Explanation : For the purposes of this clause, " Khas Arya " means
Kshetri, Brahmin , Thakuri , Sanyasi (Dashnami ) community.
(7) In fi elding candidacy under clause (6 ), political parties must
provide for representation of the persons with disabilities as well.
(8) If the seat of a member of the State Assembly falls vacant while
its term still remains for more than six months, the vacancy shall be filled
throug h the same electoral system as through which such seat was filled in.
(9) Notwithstanding anything contained elsewhere in this Article, at
least one third of the total number of members elected from each political party
representing in the State Assembly m ust be women. If women are not so
elected as to constitute one third of the elected members of any political party
under sub -clause (a) of clause (1), such political party must, in electing
members un der sub -clause (b) of that clause , so elect that women m embers
constitute at least one third of the total number of members electe d to the State
Assembly from that party.
(10) A person who is qualified under Article 178 and entitled to vote
in an election to the members of the State Assembly may, subject to law, be a
candidate in any election constituency of the State .
Provided that a person shall not be a candidate in more than one election
constituencies at the same time.
(11) Other provisions relating to election to the State Assembly shall
be as provided for in the Federal law.
117
177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this
Constitution, the term of the State Assembly shall be five years.
(2) Notwithstanding anything contained in clause (1), the term of the
State Assembly may be extended by a State Act for a period not exceeding one
year in cases where a proclamation or order of a state of emergency is in effect.
(3) The term of the State Assembly extended under clause (2) shall
ipso facto be terminated after the expiry of six months from the date of
voidance of the proclamation or order of the state of emergency in the
concerned State .
178. Qualification for m ember of State Assembly : (1) A person who has the
following qualification shall be qualified to become a member of the State
Assembly :
(a) being a citizen of Nepal,
(b) being a voter of the concerned State,
(c) having completed the age of twenty five years ,
(d) not having been convicted of a criminal offense involving moral
turpitude,
(e) not being disqualified by any law, and
(f) not holding any office of profit.
Explanation : For the purposes of this clause, "office of profit" mean s
any position, other than a political position which is to be filled by election or
nomination, for which a remu neration or economic benefit is paid out of a
government fund.
(2) If a person who holds a political office to be filled by way of
election, nomination or appointment is elected as a member of the State
118
Assembly under this Part, his or her such office shal l ipso facto be vacant with
effect from the day on which he or she takes an oath of such office .
179. Oath of member of State Assembly : Every member of the State Assembly
must , before taking part for the first time in the meeting of the Assembly or any
of its committees, take an oath as provided for in the State law.
180. Vacation of seat of m ember of State Assembly : The seat of a member of the
State Assembly shall become vacant in any of the following circumstances:
(a) if he or she tenders resi gnation in writing before the Speaker of
the State Assembly ,
(b) if he or she is no longer qualified or ceases to possess th e
qualification under Article 178 ,
(c) if the term of the State Assembly expires or it is dissolved ,
(d) if he or she absents himself or herself from ten consecutive
meetings, without giving notice to the State Assembly ,
(e) if the political party of which he or she was a member when
elected provides a notification as provided for in the Federal law
that he or she has defected from the party,
(f) If he or she dies.
181. Decision as to disqualification of m ember : If a question arises as to whether
any member of the State Assembly is disqualified or has ceased to possess any
of the qualification s under Art icle 178 , the Constitutional Bench of the
Supreme Court shall make the final decision of such question.
182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State
Assembly shall, not later than fifteen days of the date of holding of the first
meeting of the State Assembly , elect a State Speaker and a Deputy State
Speaker from amongst themselves.
119
(2) Election under clause (1) shall be so held that there is one woman
out of t he State Speaker and the Deputy State Speaker, and the State Speaker
and the Deputy State Speaker of the State Assembly shall be representatives
from different parties.
Provided that if there is no representation of more than one party in the
State Assembl y or no candidacy is filed by more than one party despite
representation, nothing shall prevent the members of the same party from being
the State Speaker and the Deputy State Speaker of the State Assembly .
(3) If the office of the State Speaker or the Deputy State Speaker
falls vacant, the members of the State Assembly shall fill the vacancy through
election to the State Speaker or the Deputy State Speaker from amongst
themselves.
(4) The Deputy State Speaker shall, in the absence of the State
Speaker o f the State Assembly , chair the State Assembly .
(5) If the election to the State Speaker and the Deputy State Speaker
has not taken place, or if both the positions have become vacant, the attending
member who is by age the senior -most shall chair the meeti ng of the State
Assembly .
(6) The office of the State Speaker or the Deputy State Speaker of
the State Assembly shall become vacant in any of the following circumstances:

also from women, Dalit , indigenous , indigenous nationalities , Khas Arya ,

Madhesi , Tharu , Muslims and backward regions, minority communities, on the

basis of popul ation. I n so fielding candidacy , regar d shall also be had to

geographical balance of the concerned State .

Explanation : For the purposes of this clause, " Khas Arya " means

Kshetri, Brahmin , Thakuri , Sanyasi (Dashnami ) community.

(7) In fi elding candidacy under clause (6 ), political parties must

provide for representation of the persons with disabilities as well.

(8) If the seat of a member of the State Assembly falls vacant while

its term still remains for more than six months, the vacancy shall be filled

throug h the same electoral system as through which such seat was filled in.

(9) Notwithstanding anything contained elsewhere in this Article, at

least one third of the total number of members elected from each political party

representing in the State Assembly m ust be women. If women are not so

elected as to constitute one third of the elected members of any political party

under sub -clause (a) of clause (1), such political party must, in electing

members un der sub -clause (b) of that clause , so elect that women m embers

constitute at least one third of the total number of members electe d to the State

Assembly from that party.

(10) A person who is qualified under Article 178 and entitled to vote

in an election to the members of the State Assembly may, subject to law, be a

candidate in any election constituency of the State .

Provided that a person shall not be a candidate in more than one election

constituencies at the same time.

(11) Other provisions relating to election to the State Assembly shall

be as provided for in the Federal law.

117

177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this

Constitution, the term of the State Assembly shall be five years.

(2) Notwithstanding anything contained in clause (1), the term of the

State Assembly may be extended by a State Act for a period not exceeding one

year in cases where a proclamation or order of a state of emergency is in effect.

(3) The term of the State Assembly extended under clause (2) shall

ipso facto be terminated after the expiry of six months from the date of

voidance of the proclamation or order of the state of emergency in the

concerned State .

178. Qualification for m ember of State Assembly : (1) A person who has the

following qualification shall be qualified to become a member of the State

Assembly :

(a) being a citizen of Nepal,

(b) being a voter of the concerned State,

(c) having completed the age of twenty five years ,

(d) not having been convicted of a criminal offense involving moral

turpitude,

(e) not being disqualified by any law, and

(f) not holding any office of profit.

Explanation : For the purposes of this clause, "office of profit" mean s

any position, other than a political position which is to be filled by election or

nomination, for which a remu neration or economic benefit is paid out of a

government fund.

(2) If a person who holds a political office to be filled by way of

election, nomination or appointment is elected as a member of the State

118

Assembly under this Part, his or her such office shal l ipso facto be vacant with

effect from the day on which he or she takes an oath of such office .

179. Oath of member of State Assembly : Every member of the State Assembly

must , before taking part for the first time in the meeting of the Assembly or any

of its committees, take an oath as provided for in the State law.

180. Vacation of seat of m ember of State Assembly : The seat of a member of the

State Assembly shall become vacant in any of the following circumstances:

(a) if he or she tenders resi gnation in writing before the Speaker of

the State Assembly ,

(b) if he or she is no longer qualified or ceases to possess th e

qualification under Article 178 ,

(c) if the term of the State Assembly expires or it is dissolved ,

(d) if he or she absents himself or herself from ten consecutive

meetings, without giving notice to the State Assembly ,

(e) if the political party of which he or she was a member when

elected provides a notification as provided for in the Federal law

that he or she has defected from the party,

(f) If he or she dies.

181. Decision as to disqualification of m ember : If a question arises as to whether

any member of the State Assembly is disqualified or has ceased to possess any

of the qualification s under Art icle 178 , the Constitutional Bench of the

Supreme Court shall make the final decision of such question.

182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State

Assembly shall, not later than fifteen days of the date of holding of the first

meeting of the State Assembly , elect a State Speaker and a Deputy State

Speaker from amongst themselves.

119

(2) Election under clause (1) shall be so held that there is one woman

out of t he State Speaker and the Deputy State Speaker, and the State Speaker

and the Deputy State Speaker of the State Assembly shall be representatives

from different parties.

Provided that if there is no representation of more than one party in the

State Assembl y or no candidacy is filed by more than one party despite

representation, nothing shall prevent the members of the same party from being

the State Speaker and the Deputy State Speaker of the State Assembly .

(3) If the office of the State Speaker or the Deputy State Speaker

falls vacant, the members of the State Assembly shall fill the vacancy through

election to the State Speaker or the Deputy State Speaker from amongst

themselves.

(4) The Deputy State Speaker shall, in the absence of the State

Speaker o f the State Assembly , chair the State Assembly .

(5) If the election to the State Speaker and the Deputy State Speaker

has not taken place, or if both the positions have become vacant, the attending

member who is by age the senior -most shall chair the meeti ng of the State

Assembly .

(6) The office of the State Speaker or the Deputy State Speaker of

the State Assembly shall become vacant in any of the following circumstances: