The Election Commission (EC) has said the continuation of the term of the Members of the House of Representatives (HoR) and Members of the Provincial Assembly even after the filing of nominations for the new election was inappropriate.
The EC made its formal comment on Monday after the government tabled the 'Bill designed to amend some Nepal Acts' with the provision that the tenure of the incumbent MPs will expire only after the first meeting of the newly-elected MPs following the fresh election.
The EC has also recalled the practice of consulting with the EC in the processes of law formation and amendment adding that Article 246 of the Constitution of Nepal has stated the function, duties and rights, and procedures of the EC for the operation, monitoring, direction and control of the election under the premise of the constitution and federal laws.
Furthermore, the EC has hinted that the continuation of the tenure of the MPs could be against the spirit of the election code of conduct if the MPs were vying again in the election. Articles 85 and 177 of the Constitution provide for a five-year term for the Members of the HoR and Members of the Provincial Assembly.
"The date for the general elections was announced after concluding following a consultation that it would be practical and non-disputable to count the term of members of House of Representative and Province Assembly from the first elected date as there is no clarity regarding the beginning of their term ", the EC has said.
In a statement issued on Monday EC Spokesperson, Shaligram Sharma Poudel states that it does not seem relevant to amend the law to make it otherwise in the case of the term of the HoR and Province Assembly members at a time when the election date has been announced and preparations for it is already underway.
The EC further said that the newly proposed provisions regarding the tenure of the members of parliament would create more confusion.
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