KATHMANDU, Sept 11: Mukunda Rijal, ward chairman of Kathmandu Metropolitan City-16, who had won the local level elections from the Nepali Congress, died of dengue on September 5. After his death, Kathmandu Metropolitan City-16 has been left without a representative.

Interior Affairs and Law Minister Prithvi Bahadur Singh of Sudurpaschim Province died in a road accident on June 21. With the death of MP Singh, who had been elected to the Provincial Assembly in the elections held on November 20, his constituency - Bajhang-1 (a) - , does not have a representative in the provincial assembly.

Election Commission (EC) Spokesperson Shaligram Sharma Paudel said that the EC is preparing to hold elections in consultation with the government in 21 places without people's representatives across the country, including Kathmandu Metropolitan City-16 and Bajhang-1 (a).

"The EC has already informed the Prime Minister about the seats without people's representatives across the country," he said.

As the by-elections for the vacant positions of the members of the House of Representatives were held in May, 2022 the government is preparing to hold the by-elections for the representatives of the provincial assemblies and the local level in the May, 2024 after the elections for the members of the National Assembly to be held in February.

Nepali Congress has 12 seats, CPN-UML and CPN (Maoist Center) have four each and Rastriya Swatantra Party has one seat out of 21 seats without people's representatives. According to the EC, five seats of Sudurpaschim Province have been left without people's representatives.

Similarly, four in Bagmati Province, three each in Lumbini Province and Karnali Province, two each in Koshi and Madhesh Province and one place in Gandaki Province are without people's representatives.

Prithvi Bahadur Singh, Provincial Assembly Member, Bajhang-1 (A), Padma Bahadur Karki, Chief of Mahabu Rural Municipality, Dailekh, Laxman Gurung, Chairman of Gaurishankar Rural Municipality, Shyam Sundar Tamang, Deputy Chairman of Gaurishankar Rural Municipality-6, Sadananda Uranwa Jhagar, Ward Chairman of Gadi Rural Municipality-6, Chudaraj Kafle, Triyuga Municipality-12, Sheikh Khalil Ullah, Ishanath Municipality-7, Sheikh Mojare Alam, Rajpur Municipality-6, Shyam Kumar Adhikari, Kirtipur Municipality-4, Tilak Bahadur Lama, Kakani Rural Municipality-2, Lalit Bahadur Ghale, Deputy Mayor of Hetauda Sub-Metropolitan City-12, Khil Bahadur Rana, Deputy Mayor of Gorkha Municipality-5, Mohan Ghimire, Gadi Rural Municipality-1, Tanka Bahadur Pun, Runtigadhi Rural Municipality-4, Surya Bahadur Bista, Thakurbaba Municipality-4, Parbahadur Shahi, Tilagufa Municipality-4, Man Bahadur Gharti, Kushe Rural Municipality-7, Manorath Bhatt, Duhu Rural Municipality-5, Surjan Bohora, Surma Rural Municipality-4, Pushparaj Joshi, Deputy Mayor of Purwachauki Rural Municipality-6, Mukunda Rijal, Ward Chairman of Kathmandu Metropolitan City-16, are currently without their respective leadership.

The EC has a legal provision to hold by-elections for the post of ward chairman of Kathmandu Metropolitan City-16 in accordance with section 3(2) of the Local-Level Election Act 2073 BS.

The section states "If the position of the chairman, vice-chairman, rural municipality chairman, vice-chairman and ward chairman of the District Coordination Committee and the mayor, deputy mayor and ward chairman of the metropolitan city do vacant for some reason even if his/her term hasn’t expired, such vacancy shall be filled by by-election on the date fixed by the Government of Nepal in consultation with the Election Commission." According to that provision, a by-election cannot be conducted in case there is less than one year remaining in the term of the position.

According to Article 176 (8) of the Constitution of Nepal, there is a legal provision to hold by-elections in the case of a vacant provincial assembly member like Bajhang-1 (a). The article mentions, "As per the provision, if a member's position in the Provincial Assembly remains vacant with more than a six-month term remaining, that position will be filled through the same electoral process."             

 
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