Kathmandu, November 10
A total of 107 positions held by elected representatives across the country are currently vacant, including 85 at the local level, 20 in provincial assemblies and two in the National Assembly.
According to Election Commission Information Officer Suman Ghimire, the vacancies arose largely after local and provincial representatives resigned before completing their terms to contest the House of Representatives election held on March 5.
Nominations for the House of Representatives election were registered on January 20.
Among those who resigned was Dharan Sub-Metropolitan City Mayor Harka Sampang, who contested from Sunsari-1 and won the election. Deputy Mayor Aindra Bikram Begha has since been running the sub-metropolitan city.
Similarly, Bharatpur Metropolitan City Mayor Renu Dahal, Dhulikhel Mayor Ashok Byanju, Tikapur Municipality Mayor Ramlal Dagaura and Kaligandaki Rural Municipality Chair Khim Bahadur Thapa also resigned to contest the parliamentary election. Their positions remain vacant.
Several provincial assembly members also resigned to contest the House of Representatives election. Among those elected to Parliament were Sunil KC from Kathmandu-2, Yubaraj Dulal from Sindhupalchok-2, Rahbar Ansari from Bara-4, Kanhaiya Baniya from Rupandehi-4 and Tara Prasad Joshi from Dadeldhura.
Former Madhes Province chief ministers Saroj Kumar Yadav and Satish Kumar Singh, Bagmati Province Assembly member Aman Maskey, Krishna Dhwaj Khadka of Lumbini and Prakash Bahadur Shah of Sudurpaschim also left their provincial assembly positions to contest the parliamentary election. Their seats have not been filled.
Legal provisions for by-elections
The Local Level Election Act, 2017, allows by-elections for vacant positions such as mayors, deputy mayors and ward chairpersons if more than one year remains in their tenure.
However, local representatives elected in the May 13, 2022 elections have only around six months remaining in their terms, making by-elections for the vacant local positions unlikely under the existing provision.
Under Section 68 of the Provincial Assembly Member Election Act, 2017, a by-election can be held if a provincial assembly member’s position becomes vacant while more than six months remain in their tenure.
Provincial assembly members elected in the November 20, 2022 elections still have more than a year remaining in their terms. Therefore, by-elections can still be held to fill the vacant provincial seats if the government and the Election Commission decide to proceed.
The National Assembly also has two vacant positions, although the circumstances surrounding the vacancies are different.
One seat has remained vacant since January 15, following the death of Nepali Congress National Assembly member Baldev Bohara on January 14, at the age of 73.
Bohara had been elected for a six-year term in the National Assembly election held on January 25, 2024. His term was scheduled to end on March 4, 2030.
Under Section 61 of the National Assembly Member Election Act, 2018, a vacant seat must be filled through a by-election within 35 days if more than six months remain in the member’s tenure.
However, neither the government nor the Election Commission has made preparations to hold a by-election for Bohara’s seat.
The other vacant National Assembly position is one reserved for a presidential nominee. The seat became vacant on March 4, after the six-year tenure of the previously nominated member ended. Despite nearly a year passing, no new member has been nominated.
An Election Commission official said the commission was prepared to conduct by-elections at any level if there was political agreement and the government made the necessary decision.
In the case of provincial assemblies, the Election Commission can itself announce the by-election date. Section 7(1) of the Provincial Assembly Member Election Act authorises the commission to determine the election date and publish the relevant notice in the Nepal Gazette.
For National Assembly vacancies, however, the law requires the government to set the election date so that the by-election can be completed within 35 days of the seat becoming vacant.
Despite the specific legal deadline, the provision has yet to be implemented in Bohara’s case.
