Local Government: When is the election?

The people’s representatives of the local level government have been elected in three phases on 31 Bisakha, 14 Asar and 2 Asoj, 2074 BS. According to the existing law, the five-year term of all of them is coming to an end on 5 Jesth 2079. After the expiration of that term, the issue of holding the local government elections on which date has become a hot topic of discussion and interest. Controversy has erupted between the Election Commission, the leaders of the parties in the government and the leaders of the opposition parties, especially the UML, over setting a date for the local elections.

More than 17,000 people have been killed in the country’s 12-year Maoist insurgency. Due to which, with the end of monarchy, democracy and republic have been established in the country today. The people elected Constituent Assembly by spending billions of rupees have promulgated the Constitution of Nepal 2072 BS. As the current system of governance of the country is in accordance with this constitution, the dispute over the date of the local level election should be resolved in a lawful manner as per the provisions of the constitution of Nepal and not in a political manner. The constitutional provisions made in various articles of the Constitution of Nepal are as follows:

Section 1. Constitution Basic Law: (1) This Constitution is the basic law of Nepal. Laws that conflict with this constitution will be invalid to the extent of conflict.
(2) It shall be the duty of every person to abide by this Constitution.

Section 2. Sovereignty and state power: Nepal’s sovereignty and state power lies with the Nepali people. It will be used as provided in this constitution.

Section 225. Term of Village Assembly and Municipal Assembly: The term of Village Assembly and Municipal Assembly shall be five years from the date of election. Within six months of the expiration of such term, the election of another village assembly and municipal assembly shall be completed.

According to the above constitutional provision, it is clear that the House of Representatives has to make Local Level Election Act, 2073 BS. The House of Representatives does not have the right to make laws in conflict with the constitution. Because this constitution is the basic law of Nepal. Laws that conflict with this constitution will be invalid to the extent of conflict. Article 1 of the constitution clearly states that it is the duty of every person to abide by this constitution.

Controversy over the date of this election has arisen today as the members of the House of Representatives of our party, who are receiving salary and allowances from the taxes paid by the poor Nepali people, have enacted the Local Level Election Act, 2073, contrary to the letter and spirit of Articles 1, 2 and 225 of the Constitution. Which is as follows:

Sub-section (1) of Section 3 of the Local Level Election Act, 2073 states that the election of members shall be held two months before the expiration of the term of the Village Assembly or Municipal Assembly.

It is clear that the provision of Article 3 (1) of the Local Level Election Act, 2073 BS is in conflict with Article 225 of the Constitution of Nepal. This is because Article 225 of the Constitution of Nepal stipulates that elections must be held within six months from the date of expiration of the term of five years. As the provision of Article 3 (1) of the Act, 2073 is in conflict with Article 225 of the Constitution of Nepal, it is clear that it will be invalid as per Article 1 of the Constitution of Nepal.

Some law practitioners close to different parties have given wrong legal opinion to the party on the date of local government elections contrary to the spirit, intent and law of the constitution. By considering the interpretation of the election date contrary to the essence, intent and law of the constitution, it is clear that there is an attempt to cultivate confusion among the people who do not have much knowledge of direct law.

It is clear that all the parties that have been opened in accordance with the constitution of Nepal, the legal practitioners licensed to practice law, have misinterpreted the provisions of the constitution of Nepal, given opinions and suggestions, and have written news and disseminated propaganda. It is a matter of common knowledge of the law and anyone who has read the constitution and the law that the system of governance of the country is governed and should be run according to the constitution and laws, rules and regulations are made according to the constitution.

It is unfortunate that the leaders of various parties and the legal practitioners affiliated with the parties are trying to deceive the people by spreading anti-constitutional propaganda. The system of governance of the country should be run according to what is in the constitution, this is constitutionalism, rule of law and rule of law.

When various parties and their leaders and cadres and legal practitioners affiliated to the party, who are trying to run the country’s governing system by sophistry contrary to the constitution, speak about the constitution, they should consider the interpretation of what is written in the article and clause of the constitution. There is no dispute as to the date of the local elections.

Therefore, it is clear that the local level election should be held in accordance with the provision of Article 225 of the Constitution by amending Article 3 (1) of the Local Level Election Act, 2073 BS, which has become unconstitutional. There is no point in the leaders and cadres of the party and the legal practitioners affiliated to the party crying that the election should be held according to the law which is against the constitution and the law made against the constitution is invalid. If the constitution is wrong, it is necessary to amend the constitution and fix the election date before or after the five year term of the local government. The dictatorial leaders and cadres of some political parties are trying to attack this constitution from time to time to fulfill their political aspirations by arguing that the provisions in the constitution are absurd. We, the people, need to be aware of the fact that parties with such dictatorial tendencies and their leaders and cadres should be stopped from trying to run the state with the wrong idea of abusing the taxes paid by the poor people.