Kathmandu, November 9
Two seats in Nepal’s National Assembly are currently vacant. One has been vacant since January 15, following the death of Baldev Bohara, a member elected from the Nepali Congress.
Bohara was elected to the National Assembly for a six-year term in the election held on January 25, 2024. His regular term was scheduled to run until March 4, 2030.
However, he died on January 14, at the age of 73. Despite the vacancy, neither the government nor the Election Commission has made preparations to hold a by-election to fill his seat.
A by-election should have been held to fill the position.
Another National Assembly seat, which is filled through presidential nomination on the recommendation of the government, also remains vacant. The position has been vacant since March 4, after the six-year term of the member previously nominated by the President expired.
Nearly a year after the position became vacant, no replacement has been appointed.
Election law not implemented
Section 61 of the National Assembly Member Election Act, 2018, contains special provisions for filling vacant seats. Under the law, if a member’s position becomes vacant before the completion of their term and more than six months of the term remain, the vacancy must be filled through a by-election.
The law requires the government to announce a date for the by-election so that it can be held within 35 days of the position becoming vacant.
Section 61 of the Act states, “If the position of a member becomes vacant for any reason while more than six months of their term remain, the Election Commission shall fill the vacant position through a by-election, in accordance with this Act, for the remaining term, on a date fixed by the Government of Nepal within 35 days of the vacancy.”
Despite the law setting a clear deadline, the vacant position has yet to be filled.
The Election Commission says it has no difficulty conducting the by-election if the government makes the necessary decision.
“We are ready to conduct a by-election at any level if there is political agreement and the government makes a decision,” an official at the commission said.
Nomination of Om Prakash Aryal remains pending
Former National Assembly member Bamdev Gautam, who had been nominated by the President, resigned to contest the election held on March 5. His term was due to end on March 4.
The government led by then Prime Minister Sushila Karki subsequently recommended a candidate to fill the vacant position.
On March 15, the Cabinet decided to recommend Om Prakash Aryal for appointment as a National Assembly member and forwarded his name to the President.
However, the recommendation has not been implemented.
After Balendra Shah (Balen) became Prime Minister, the government has made no statement regarding the previous government’s decision. The President has also taken no decision on the recommendation.
Of the 59 members of the National Assembly, 56 are elected, while three are nominated by the President on the recommendation of the government.
