Bill Made to Amend the Act Related to Voter Registration List (2063), 2068

While conducting technical tests if the District Election Officer finds that if an individual’s name has occurred in two or more than two places, the individual may only be allowed to have his/her name in one areas voting list. To do so a notice will

July 29, 2012, 5:45 p.m. Published in Magazine Issue: Vol.: 06 No-. 04 July 27-2012 (Shrawan 12,2069)<br>

1. Whatever else is written in Article 5(b1) section B of the proposed bill, [an individual] must have completed 18 years of age as per paragraph 3 A to be eligible for voting.


Suggestion: Must have Nepali citizenship certificate and have completed 18 years of age.


2. In Article 33 C (1) of the proposed bill, if the name and details [of an individual] are missed by the name registration team, or if an individual becomes qualified to vote after the name registration team has finished its work, such individuals can file a request at the District Election Office to add their name in the voter registration list, as per the prescribed manner.


Suggestion: If an individual’s name and details are missed by the voter registration team or if an individual becomes qualified for voting after the voter registration team has finished its work, such an individual who is interested in including his/her name in the District Election Office may do so by requesting for such in the prescribed manner mandatorily including a certified copy of the individuals Nepali citizenship certificate.


3. In Article 33 E (3) of the proposed bill, it is stated that if the initial voter list is received for publication from the District Election Office the related VDC or Municipality should also publish the list in its notice board.


Suggestion:  If the initial voter name list and the photographs of the related individuals are received for publication from the District Election Office, the related VDC and Municipality should also publish the voter name list along with the respective photographs.


4. In Article 33 E (4) of the proposed bill while publishing the initial voter list as per this Article, the photograph and the finger print of the individual may not be included.


Suggestion: while publishing the initial voter name list finger prints of the voter may not be included.


5. In Article 33 F (6) of the proposed bill, if the District Election Officer finds the same voters name in two or more than two places while conducting the technical test, only one name shall be kept. While doing so a notice shall be published asking the said individual to come and verify and confirm [from which place the individual would like to vote from] within seven days. One copy of the notice shall be sent to the respective VDC or municipality which shall publish the notice in its notice board.


Suggestion: While conducting technical tests if the District Election Officer finds that if an individual’s name has occurred in two or more than two places, the individual may only be allowed to have his/her name in one areas voting list. To do so a notice will be published asking the individual to come and clarify within seven days, and a copy of the notice will be sent to the respective VDC or Municipality. The VDC and Municipality will publish the notice in its notice board as well as in a national Nepali daily newspaper.


6. In Article 33 G (1) of the proposed bill, if the voters of a concerned ward of a related VDC or Municipality feel that if any individual whose name has been published in the initial voter name list should not have been included they can register a protest along with proof, with the District Election Officer as per the prescribed manner within 15 days.


Suggestion: If the voters of a ward of a related VDC or Municipality feel that an individual’s name whose name has been published in initial voter name list of the area should not be included, they may register a protest [in the prescribed manner] along with proof within seven days at the District Election Office or through the concerned VDC or Municipality 


To be added in Article 33 G (2) of the proposed bill: As per Sub section 1 if a concerned VDC or municipality receives a request, it must be forwarded to the District Election Office within 15 days.


7. In Article 33 H (2) the photograph and the finger print of the voter shall not be published and without the permission of the Commission the voter list with the finger prints shall not be made available to anyone.


Suggestion: The photograph of the voter and the finger print shall not be published. Without the decision of the Commission the voter list with the finger print shall not be made available to anyone but the concerned individual.


To be amended in the main Act


1. Article 11 of the main Act to be amended : In Article 11, sub-section 1, 2, and 3 instead of the prohibitory sentence the following prohibitory sentence has been added 


Whatever else is written in Sub section 1,2, and 3, an individual wishing to register in the voter name list must mandatorily present a Nepali citizenship certificate. If there is any confusion regarding any details mentioned in the Nepali citizenship certificate, the verifying officer may refer to other above mentioned documents besides the citizenship certificate to verify the information.


Article 25 of the main Act to be amended: Instead of  “prohibited from raising the issue in the Court” as stated in Article 25 of the main Act the following provision has been added: The Election Commission will have the authority to make the final decision in the said matter. Article 25 (a) and (b) should be kept as it is.


The final form of this investigation and suggestion report has been prepared by Advocate Pradip Ghimire for the Nepal Constitution Foundation with inputs from women, Janajati, Dalit, Madhesi, youth and other related pressure groups. The Foundation is thankful to Madhusudan Tamang, Dr. Ayodhyaprasad Yadav, Sushma Chaudhary, Ram Kapali, Gopi Biswakarma, Manbahadur Ale, Ranbahadur Thebe, Nirupama Yadav, Sapana Shahi (Lama), Subodh Pyakhurel, Charan Prasai, Basanti Shrestha, Gobinda Thapa, Kapil Shreshta, Sachin Karmacharya. Narayan Prasad Regmi, Rishi Ram Ghimire, Abhishek Adhikary, Shirshak Ghimire, Furpa Tamang, and Dr Bipin Adhikary.


This study was conducted with assistance from The Asia Foundation, however the views are solely those of the writers themselves. They do not reflect the views and ideas of the Foundation.

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