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The debate over the future elections, particularly the elections of the local bodies, has become a matter of debate in all political spectrums now. As the election of local governments held in 2017 for the first time after the promulgation of new constitution is going to expire on 19 May 2022, the local level elections has to be not to create vacuum of the elected representatives in all the 753 local bodies. Though no worry is emerged yet over the issue of elections in the local bodies, some confusion have obviously aroused, thanks to the contradictions in the legal as well as constitutional provisions. The Local Level Election Act (2017) has made a provision that elections should be held two months before the end of the representatives' tenure, which mean the election date has to be declared immediately to hold the elections till coming April. Constitutional provision mentioned in the Article 225, however, has stated that the local level election should be held within six months after the term of the representatives expires, which mean that the local level elections date could be postponed by six months or till coming October. As the CPN (Maoist Center) and the CPN (United Socialist) have been insisting to hold the elections of House of Representatives (HoR) first exploiting the constitutional provision, suspicions are widespread that constitutional crisis would emerge again in the country in the absence of the elected representatives in the local bodies if the election was not held as per the legal provision.
Responding to the contradictions in the law related to the local election and the constitution, a meeting of the ruling allies has decided to consultant with the Election Commission (EC) and legal experts so as to reach on the conclusion. The government has to declare the date for the local level election no later than two weeks if the law related to the local level election was followed. The Election Commission (EC), the constitutional body responsible to hold the elections, has already proposed that the local elections be held in April-May (April 27 if it is to be held in a single phase, and April 27 and May 5 if it is to be held in two phases stating that it requires at least 120 days for necessary preparations for the elections. The contradictions of the act and provisions made in the constitution have to be settled first before reaching on the conclusion to fix the election date for the local level elections. The constitutional provision mentioned in the Article 225 that states as the term of the village and municipal assemblies is five years from the date of elections adding ‘another Village Assembly and Municipal Assembly shall be elected no later than six months of the expiration of such a term and Article 215 (6) of the same constitution has a stated as the terms of office of the chairperson, vice-chairperson, ward chairperson and members of the local bodies shall be of five years after the date of being elected, the act has to be amended as per the spirit of the constitution so as to make clear about the confusion of the local elections.
The government has to hold three tiers of elections within a year even if the local level elections were delayed by six months exploiting to the constitutional provision. As the government and its allies have the responsibilities to institutionalize the current federal democratic system enshrined by the constitution of Nepal that was promulgated by the historic Constituent Assembly (CA), the letter and spirit of the constitution should be implemented not create vacuum of the elected representatives in the local bodes. Being the head of the incumbent government and stalwart of all democratic movements of the country, the Nepali Congress, particularly the Prime Minister Sher Bahadur Deuba should be cautious not to take the blame for derailing the democratic process at the local level. The Maoist Center and the United Socialist should not create obstacles to hold local level elections on time on the name of buying six months time on the name of making strong vote base in the local level. The two communist parties of the ruling ally also need to consider holding of the parliamentary elections first would not assure them to hold elections by staying in the government. As all the political parties, regardless of ruling allies or the oppositions, are the significant stakeholders of the electoral process, the issue of holding periodic elections should be a common minimum program and agendas of all parties. Being the constitutional body with prerogative right to conduct elections in free and fair manner, its office bearers, particularly its head, should also come forward with specific plan and program to accomplish the conditional responsibilities of holding period elections on time.
