nayan135/constitution · Datasets at Hugging Face

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Part-24
Election Commission
245. Election Commission : (1) There shall be an Election Commission of Nepal,
consisting of a Chief Commissioner and four other Commissioners. The Chief
Commissioner shall act as the chairperson of the Election Commission.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chief Election Commissioner and Commissioners.
(3) The term of office of the Chief Election Commissioner and
Commissioners of the Election Commission shall be six years from the date of
appointment.
(4) Notwithstanding anything contained in clause (3 ), the office of
the Chief Election Commissioner or Election Commissioner shall be vacant in
any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the a ge of sixty -five years,
(c) if a motion of impeachment is passed against him or her
under Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds
of his or her inability to hold offic e and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chief Election Commissioner and Commissioners appointed
under clause (2) shall not be eligible for reappointment.
Provided that a Commissioner may be appointe d to the office of Chief
Election Commissioner , and when a Commissioner is so appointed as the Chief
161
Election Commissioner , his or her term of office shall be so computed as to
include his or her term as the Commissioner .
(6) A person shall be eligible to be appointed as the Chief Election
Commissioner or a n Election Commissioner if he or she possesses the
following qualification:
(a) holding a bachelo r's degree from a recognized university,
(b) not being a member of any political party at the time of
appoi ntment,
(c) having attained the age of forty five years, and
(d) being of high moral character.
(7) The remuneration and other conditions of service of the Chief
Election Commissioner and Election Commissioners shall be as provided for in
the Federal l aw. The remuneration and conditions of service of the Chief
Election Commissioner and the Commissioners shall not, so long as they hold
office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Chief Election Commissioner
and a Commissioner of the Election Commission shall not be eligible for
appointment in other government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or
to any position which has the responsibility of submitting a dvice, opinion or
recommendation after carrying out a study or research on any subject.
162
246. Functions, duties and powers of the Election Commission : (1) The Election
Commission shal l, subject to this Constitution and the Federal l aw, conduct,
supervise, direct and control the election to the President, Vice -President,
members of the Federal Parliament, members of State A ssemblies and
members of Local l evel. For these purposes, the Election Commission shall
prepare electoral rolls.
(2) The Election Commission shall hold a referendum on a matter of
national importance pursuant to this Constitution and the Federal l aw
(3) If, after nomination of candidacy for the President, Vic e-
President, member of the Federal Parliament, member of State Assemblies or
member of Local l evel h as been filed but before the election results are
declared , a question arises about the qualification of a candidate, the Election
Commission shall decide that question.
(4) The Election Commission may so delegate any o f its functions,
duties and powers to the Chief Election Commissioner, Election Commissioner
or any government employee as to be exercised and complied with subject to
the specified conditions.
(5) Other functions, duties and powers and rules of procedure of the
Election Commission shall be as provided for in the Federal l aw.
247. To provide necessary assistance to Election Commission : The Government of
Nepal , State Government and Local Government shall provide such employees
and other assistance to the Election Commission as may be required to perform
its functions pursuant to this Constitution.

163
Part-25
National Human Rights Commission
248. National Human Rights Commission : (1) There shall be a National Human
Rights Commission of Nepal, consisting of a Chairperson and four other
members .
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members .
(3) The term of office of the Chairperson and members of the
National Human Rights Commission shall be six years from the date of
appointment.
(4) The Chairperson and m embers appointed under clause (2) shall
not be eligible for reappointment.
Provided that a Member may be appointed to the off ice of Chairperson,
and when a m ember is so appointed as the Chairperson, his or her term of
office shall be so computed as to include his or her term as the Member.
(5) Notwithstanding anything contained in clause (3 ), the office of
the Ch airperson or m ember of the National Human Rights Commission shall
be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a motion of impeachment is passed against him or her
under Article 101,

160

Part-24

Election Commission

245. Election Commission : (1) There shall be an Election Commission of Nepal,

consisting of a Chief Commissioner and four other Commissioners. The Chief

Commissioner shall act as the chairperson of the Election Commission.

(2) The President shall, on the recommendation of the Constitutional

Council, appoint the Chief Election Commissioner and Commissioners.

(3) The term of office of the Chief Election Commissioner and

Commissioners of the Election Commission shall be six years from the date of

appointment.

(4) Notwithstanding anything contained in clause (3 ), the office of

the Chief Election Commissioner or Election Commissioner shall be vacant in

any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if he or she attains the a ge of sixty -five years,

(c) if a motion of impeachment is passed against him or her

under Article 101,

(d) if he or she is removed from office by the President on

recommendation of the Constitutional Council on grounds

of his or her inability to hold offic e and discharge the

functions due to physical or mental illness,

(e) if he or she dies.

(5) The Chief Election Commissioner and Commissioners appointed

under clause (2) shall not be eligible for reappointment.

Provided that a Commissioner may be appointe d to the office of Chief

Election Commissioner , and when a Commissioner is so appointed as the Chief

161

Election Commissioner , his or her term of office shall be so computed as to

include his or her term as the Commissioner .

(6) A person shall be eligible to be appointed as the Chief Election

Commissioner or a n Election Commissioner if he or she possesses the

following qualification:

(a) holding a bachelo r's degree from a recognized university,

(b) not being a member of any political party at the time of

appoi ntment,

(c) having attained the age of forty five years, and

(d) being of high moral character.

(7) The remuneration and other conditions of service of the Chief

Election Commissioner and Election Commissioners shall be as provided for in

the Federal l aw. The remuneration and conditions of service of the Chief

Election Commissioner and the Commissioners shall not, so long as they hold

office, be altered to their disadvantage.

Provided that this provision shall not apply in cases where a state of

emergency is declared because of extreme economic disarrays.

(8) A person once appointed as the Chief Election Commissioner

and a Commissioner of the Election Commission shall not be eligible for

appointment in other government service.

Provided that nothing in this clause shall be deemed to be a bar to the

appointment to any political position or to any position which has the

responsibility of making investigations, inquiries or findings on any subject, or

to any position which has the responsibility of submitting a dvice, opinion or

recommendation after carrying out a study or research on any subject.

162

246. Functions, duties and powers of the Election Commission : (1) The Election

Commission shal l, subject to this Constitution and the Federal l aw, conduct,

supervise, direct and control the election to the President, Vice -President,

members of the Federal Parliament, members of State A ssemblies and

members of Local l evel. For these purposes, the Election Commission shall

prepare electoral rolls.

(2) The Election Commission shall hold a referendum on a matter of

national importance pursuant to this Constitution and the Federal l aw

(3) If, after nomination of candidacy for the President, Vic e-

President, member of the Federal Parliament, member of State Assemblies or

member of Local l evel h as been filed but before the election results are

declared , a question arises about the qualification of a candidate, the Election

Commission shall decide that question.

(4) The Election Commission may so delegate any o f its functions,

duties and powers to the Chief Election Commissioner, Election Commissioner

or any government employee as to be exercised and complied with subject to

the specified conditions.

(5) Other functions, duties and powers and rules of procedure of the

Election Commission shall be as provided for in the Federal l aw.

247. To provide necessary assistance to Election Commission : The Government of

Nepal , State Government and Local Government shall provide such employees

and other assistance to the Election Commission as may be required to perform

its functions pursuant to this Constitution.

163

Part-25

National Human Rights Commission

248. National Human Rights Commission : (1) There shall be a National Human

Rights Commission of Nepal, consisting of a Chairperson and four other

members .

(2) The President shall, on the recommendation of the Constitutional

Council, appoint the Chairperson and members .

(3) The term of office of the Chairperson and members of the

National Human Rights Commission shall be six years from the date of

appointment.

(4) The Chairperson and m embers appointed under clause (2) shall

not be eligible for reappointment.

Provided that a Member may be appointed to the off ice of Chairperson,

and when a m ember is so appointed as the Chairperson, his or her term of

office shall be so computed as to include his or her term as the Member.

(5) Notwithstanding anything contained in clause (3 ), the office of

the Ch airperson or m ember of the National Human Rights Commission shall

be vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if a motion of impeachment is passed against him or her

under Article 101,