Nepal: Election Commision faces criticism over inaction on code violations

The constitutional poll body enforced the code of conduct on January 19 for the March 5 elections, following consultations with political parties and public feedback. However, 35 days into its implementation, no penalties have been imposed.

As reported by the Kathmandu Post, the commission has issued 79 letters seeking written clarification from individuals and institutions accused of breaching election norms. Nine of them were asked to clarify twice after being accused of repeated violations. Yet, no punitive action has followed.

A senior office at the commission was quoted as saying, "Our job is to seek clarifications and present them before the commissioners to penalise them when their clarifications are not convincing. We are not sure why they are hesitant to take action as per the code of conduct and other laws, as per the Kathmandu Post.

Among the cases cited, Ashika Tamang, a candidate of the Rashtriya Swatantra Party from Dhading-1, was first asked to clarify after allegedly campaigning inside a school. Ten days later, she was again accused of using school children during campaigning. Her responses were deemed unsatisfactory, and she has been asked to furnish another clarification.

Similarly, Shakti Bahadur Basnet, a candidate of the Communist Party of Nepal (Maoist Centre) from Jajarkot, allegedly distributed money during campaigning. He, too, was asked to submit a second clarification after his initial response was found unclear.

The code of conduct allows the commission to impose fines of up to Nepali Rs 100,000, cancel candidacies, or bar violators from contesting elections for up to six years. Other laws, including the Children's Act, prohibit the use of minors in election campaigns, categorising it as an offence against children.

The Kathmandu Post further reported that violations extend beyond campaign conduct. More than half of the 68 parties contesting the polls, including the Nepali Congress and the Communist Party of Nepal (Unified Marxist-Leninist), failed to publish their manifestos by the February 15 deadline set by the commission. Despite earlier warnings of action, no clarifications were sought from the defaulters.

In addition, most first-past-the-post candidates did not comply with the directive to open dedicated bank accounts for campaign-related financial transactions by February 15. Of the 3,406 candidates, only 671 had opened new accounts by the deadline. The commission had mandated that all transactions above Nepali Rs 25,000 be conducted through official bank accounts, yet no enforcement action has been reported, the Kathmandu Post reported.

Sagun Shumsher J.B. Rana, a member of the commission who heads the central code of conduct monitoring committee, defended the body's approach. "We are still studying the clarifications and gathering evidence for further actions," he told the Kathmandu Post. "However, we also need to recognise the fact that the incidents of code of conduct violations have decreased compared to the previous polls."

Election observers, however, disagreed. Gopal Krishna Siwakoti, chair of the National Election Observation Committee, was quoted as saying, "It is wrong to say the number of incidents has decreased. Earlier, they were dominant in physical, and now they have shifted to social media, which is even more dangerous. Taking action after all the harms are done makes no sense. The commission has to take punitive actions in some emblematic cases before elections."

Shree Krishna Subedi, chair of the Election Observation Committee, Nepal (NEOC), warned of possible legal action if the inaction continues. "We will wait for a couple of days. If the commission continues to be absent from its duty for action, we will seek the Supreme Court's intervention," he said.

With only 10 days remaining until the March 5 polls, concerns are growing over the commission's ability to enforce election discipline and ensure a level playing field, the Kathmandu Post reported. (ANI)