PART 31 - Provision relating to Political Parties
By Nepalko
on April 09, 2017
- (264) Constitution, registration and operation of Political Parties:
- Persons who are committed to a common political ideology, philosophy and program shall, subject to the laws under section (b), clause (2) of the Article (22), be entitled to form and operate the political parties and to generate or cause to be generated publicity in order to secure public support and cooperation from the general public for their ideology, philosophy and program, and to carry out any other activities for that purpose.
- The political parties formed under clause (1) shall be required to register their names under the Election Commission in accordance with the procedure determined by law.
- While submitting application for registration pursuant to clause (2) above, the political parties shall be required to submit the documents relating to constitution of the party, annual auditing report and other documents as required by law.
- While applying for the registration of the parties pursuant to clause (2) above, the political parties shall have to meet the following conditions:-
- The constitution and rules of the political party should be democratic,
- There should be the provision, in the constitution of the political party, of the election of the office bearers in the federal and provincial levels, at least once in five years.
Provided that in case election of the office bearers could not be held within five years due to situation arising out of special circumstance, there shall be no hindrance to make provision in the statute of a political party to hold such election within a period of six months.
- There should be the provision of proportional participation so as to reflect the diversity of Nepal, in the executive committees at various levels of the party.
- No political party shall be registered if its name, objective, symbol and flag is of a character that may disturb the country‟s religious or communal unity or is divisive in character.
- (265) Prohibition on the imposition of restrictions on political parties:
- Any provision, law or the decision that prohibits formation, registration and operation of political parties under Article 264, and generate or cause to be generated publicity in order to secure public support and cooperation from the general public for ideology, philosophy and program of the parties, shall be deemed against this constitution and shall ipso facto be void.
- Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or programs in the election, political system of the country or conduct of sates affairs shall be considered against this constitution and shall ipso facto be void.
- (266) Registration required for securing recognition for the purpose of contesting elections as a Political Party:
- Any political party, formed under Article 264, wishing to secure recognition from the Election Commission for the purpose of elections, shall be required to register its name with the Election Commission in accordance with the procedures determined by the law.
- While applying for registration pursuant to clause (1), a political party shall have to clarify the details under clause (3) of Article 264, submit annual audit report, and also meet the conditions set in clause (4) of the same article.
- (267) Other provisions relating to Political Party: Other provisions relating to formation, registration, operation and facilities of the political parties shall be as provided in law.