Advocate Rajesh Kafle: The election of public representatives of the local level government will be held in three phases on 31st April, 14th June and 2nd September, 2074 B.S. According to the existing law, their five-year term ends on June 5, 2079. After the end of this term, the issue of which date to hold the local body elections has become a matter 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 the date of the local elections. Since billions of rupees have been spent in this country by more than 17,000 people, Nepal’s constitution is in 2072 BC. promulgated by the Constituent Assembly.
The main reason for this controversy is that there is no doubt that the Local Level Elections Act, 2073, which was enacted by the elected leaders of the party through the House of Representatives, has been renewed in accordance with the constitutional provisions of the Constitution of Nepal. . , Some legal practitioners close to various parties have given wrong legal opinion to the party against the essence, intent and law of the Constitution. Considering the interpretation of the opposite, it is clear that an attempt is being made to create confusion among those who do so. Don’t have much knowledge of straight law.
It is clear that the parties which are opened in accordance with the Constitution of Nepal, legal practitioners licensed to practice law have misinterpreted the provisions of the Constitution of Nepal, have given opinions and suggestions, and have written and disseminated publicity. has done.
It is a matter of general knowledge of law and whoever has read the constitution and law, that the governance system of the country operates and runs according to the constitution and laws, rules and regulations are made according to the constitution. , It is unfortunate that leaders of various parties and legal practitioners associated with the parties are trying to deceive the people by spreading anti-constitutional propaganda. The governance system of the country should be run according to the constitution, this is constitutionalism, rule of law and rule of law. There is no dispute that the date of local election has been discussed with various parties and their leaders and party activists and legal practitioners who are trying to run the country by sophistication against the constitution. The constitutional provisions made in various articles of the Constitution of Nepal are as follows.
SECTION 1 CONSTITUTION Fundamental Law: (1) This Constitution is the Fundamental Law of Nepal. Laws opposing this constitution shall be invalid to the extent of conflict.
(2) It shall be the duty of every person to abide by this Constitution.
Article 2 Sovereignty and State Power: The sovereignty and state power of Nepal is with the Nepalese people. It shall be used as provided in this Constitution.
Section 225. Tenure of Gram Sabha and Nagar Sabha: The term of Gram Sabha and Municipal Council shall be five years from the date of election. Within six months of the expiry of such term, the election of one more Gram Sabha and Municipal Council shall be completed.
Considering the above constitutional provision, Article 225 of the Constitution of Nepal states that the term of the Gram Sabha and the Municipal Council shall be five years from the date of election. It has been said that elections to one more Gram Sabha and Municipal Council will have to be held within six months from the end of such term. As per this constitutional provision, it is clear that the House of Representatives has to be governed by the Local Level Elections Act, 2073 B.S. The House of Representatives does not have the right to make laws contrary to the Constitution. This constitution is the basic law of Nepal. Laws opposing this constitution shall 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 has arisen today regarding the date of this election as the members of our party’s House of Representatives, who are getting salary and allowances from the taxes paid by the poor Nepalese people, have invoked the Local Level Elections Act, 2073 as its The opposite is enacted. The letter and intent of Article 225 of the Constitution. which is like this:
Sub-section (1) of section 3 of the Local Level Elections Act, 2073 states that the members shall be elected two months before the expiry of the term of the Gram Sabha or Municipal Legislative Assembly.
According to Article 225 of the Constitution of Nepal, the term of Gram Sabha and Nagar Sabha will be five years from the date of election. It has been said that elections to one more Gram Sabha and Municipal Council will have to be held within six months from the end of such term. However, Article 3(1) of the Local Level Elections Act, 2073 BS stipulates that the election of a Maoist member shall be held two months before the expiry of the term of the Gram Sabha or Municipal Assembly. It is clear that the law so violated is void as per Article 1 of the Constitution.
Therefore, there can be no dispute that by amending Article 3(1) of the Local Level Election Act, 2073 BS of the Local Level Election Act, which has become unconstitutional, as per the provisions of Article 225 of the Constitution. Level elections should be conducted.