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Election Commission sends recommendation to government, opening path for ordinance

Kathmandu, November 6

The Election Commission has sent its legal recommendations to the Ministry of Home Affairs suggesting necessary amendments to existing laws to grant voting rights to Nepalis residing overseas.

According to Commission Spokesperson Narayan Prasad Bhattarai, the recommendation was submitted to legally pave the way for such amendments. To ensure voting rights for Nepali citizens living abroad, the government is preparing to amend the Voters’ Roll Act, the Election Offenses and Punishment Act, the Election Commission Act, and the House of Representatives Election Act.

“The Home Ministry had sought the Commission’s opinion on the legal provisions. We have provided recommendations specifying the appropriate legal terms and clauses,” Bhattarai told Onlinekhabar.

Although the legal process has begun, Bhattarai noted that the government must carry out additional work to address the practical aspects of implementation.

“The law does not specify operational modalities or estimated costs,” he said. “The Commission has, however, given a positive opinion regarding the legal framework.”

With this, the government can now bring an ordinance to amend existing laws to grant voting rights to Nepalis living abroad, if it chooses to move forward.

The Office of the Prime Minister, the Ministry of Home Affairs, the Election Commission, and the Policy Research Institute are currently working to draft necessary amendments and policy directives to enable voting rights for Nepalis abroad.

The Home Ministry stated that further discussions are ongoing regarding the technical draft submitted by the Election Commission, which proposes allowing Nepalis abroad to vote under the proportional representation system.

Officials at the Ministry of Home Affairs said the government is exploring the possibility of initiating overseas voting, at least in a few selected countries, during the upcoming House of Representatives elections on March 5 (Falgun 21). However, decisions regarding which countries to begin with and what modality to adopt are yet to be finalized.

Nevertheless, if the government decides to proceed, the ordinance route is now open for amending the laws. The Home Ministry had requested the Election Commission’s legal opinion as part of its preparations for such an ordinance.

Since the House of Representatives currently stands dissolved, any amendment to the laws must be introduced through an ordinance.

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