Election Results 43 3.4 Electoral Dispute Resolution 44 3.5 Formation of the Government 45

Observation of Nepal’s Constituent Assembly Election-2013

National Secretariat Satoaki Memorial Building, Kupondole–10, Lalitpur, Nepal GPO Box: 26550, Tel: +977-01-5541502, Fax: +977-01-5541503 Email: [email protected], [email protected] [email protected], web: www.neocelection.org CA Election Observation Comprehensive Report

Advisor : Surya Prasad Shrestha

Chief Editor : Dr. Gopal Krishna Siwakoti

Sub-Editors : Deepika Naidu Bikal Shrestha

Expert Contribution : Prof. Kapil Shrestha Micheal Vurens Vanes Bhadra Sharma

Coordination Team : Bhawani Prasad Kharel Lhakpa Lama

Thematic Team : Krishna Prasad Subedi Nabaraj Basnet

Special Assistance : Binda Kumari Nepali Parbati Paudel Pasang Sherpa

Layout/Design : Bhim Prasad Neupane “Dipesh”

Financial Assistance : Delegation of the European Union to Nepal

Publisher : National Election Observation Committee (NEOC)

ISBN : 978-9937-2-8044-0

Printing : Ganga Jamuna Pvt. Ltd. Tel:01-4386934

Year of Publication : April, 2014

No. of Copies : 800 Table of Contents

Page No. Message from the Chairperson Executive Summary

Chapter 1- Introduction 1

1. Background 1 i. An Overview of Political Situation 1 ii. The Context of CA Election 3 iii. Formation of Election Government 4 iv. Formation of the Election Commission 5 v. Constitutional Arrangement for Election 6

2. NEOC and Election Observation 7 2.1 Coordination of Election Observation 8 2.2 Election Observation Directives 10

3. Election Administration and Management 11 4. Voter Education 13 5. Poll Rejection 14

Chapter 2 – Electoral Cycle and NEOC Observation 16

1. Pre-Election Setting 16 1.1 Voter Registration 16 1.2 Legal Framework and electoral systems 18 1.3 Constituency Delimitation 20 1.4 Political Party Registration 20 1.5 Participation and Inclusion 21 i. Gender Inclusion 21 ii. People with Disabilities 23 iii. Use of Children 24 1.6 Election Campaign 25 1.7 Code of Conduct 27 1.8 Media Monitoring 28 1.9 Cooling Hour 28 1.10 Violence between Contestants 29 1.11 Violence by Poll Boycottists 30 1.12 Violence Mapping 31 2. Election Day Setting 33 2.1 Environment and Preparedness 34 2.2 Deployment of Human Resource 35 2.3 Opening Procedure 36 2.4 Polling Procedure 37 2.5 Violence and Intimidation 39 2.6 Closing Procedure 40

3. Post Election Setting 40 3.1 Ballot Box Transportation 40 3.2 Vote Counting 42 3.3 Election Results 43 3.4 Electoral Dispute Resolution 44 3.5 Formation of the Government 45

Chapter 3 – International Observers’ Lens 46 Chapter 4 – Conclusion 50 Chapter 5 – Analysis and Findings 54 Chapter 6 – Recommendations 57

Statistical Glance 63 Questionnaires 68 Reference 72

Annex 1 – International Observers 75 Annex 2 – Eminent Persons/ National Observers 76 Annex 3 – Executive Committee/ Secretariat/ Volunteers 78 Annex 4 – Preliminary Statement 81 Annex 5 - Interim Report 83 Annex 6 - Election Time Table 87 Annex 7 - Print Media Monitoring 88 Annex 8 - Election Result 90 Message from the NEOC Chairperson

All modern democracies hold elections, but not all elections are democratic. Thus, there also exist the international benchmarks to hold a democratic election. Elections are considered as the central institution of democratic representative governments. In a democracy, the authority of the government derives solely from consent of governed by holding of free and fair elections. Elections by their nature can be confrontational but the crux of the issue is that even the losers uncritically accept judgment thereby helping the winners secure the legitimacy. The losers, political opposition, should know that electoral defeat does not mean that they will be made to lose their lives or will be forced to go to jail. Democratic elections, after all, are not a fight for the physical survival but a competition to serve.

Elections being the competitive process, it is important to ensure that the playing field is clean and level one for all competiting players. Civil liberties, including right to form political party and other human rights associated with freedom of elections are the preconditions for a transparent and democratic election. The party in power must not be made to enjoy the advantages of incumbency. The Election Commission (EC) of Nepal has produced a remarkable legal document, the Election Code of Conduct (CoC) to ensure free, fair and peaceful elections by prohibiting electoral offences, malpractices, corrupt policies such as bribing, inducement to the voters, issuing any kind of threats and intimidation to the voters, candidates and their supporters. The CoC has been a tool, which largely contributed making the electoral process credible, free, fair, transparent and accountable which will help in consolidation of democratic culture in the country. Even the reputed international observers have commended Nepal's Election CoC.

Likewise, the introduction of a more scientific and unbiased voter registration system containing the photograph and other biometric data of the registered voter also seems have contributed significantly to prevent electoral irregularities and malpractices. Because, there is no denying the fact that an unclear voters' list had been the prime source of electoral irregularities and violence.

A free, fair and fearless election is possible only when the prevalent political system and culture of electioneering is conducive in maintaining the sanctity of election. Nepal has experimented with various elections in the past, the first democratic election being the 1959 parliamentary poll. Since then, Nepali people have participated in a number of national and local elections including a National Referendum in 1980. Nepali people have also experienced a series of elections before arriving at the recently held CA election. The CA election-2070 witnessed a space of explosions, intimidations, threats and even murder of a candidate in the southern plains. The use of violence by those opposing poll had created somewhat dreadful environment. In several instances, restriction on freedom of movement, obstruction on freedom of expression and freedom of assembly also reported in many parts of the country. However, none of these nefarious activities could damper the enthusiasm and commitment of the Nepali voters. Reports of booth capturing and threat to election observers and media personnel have also been documented. The incidents involving the use of money (vote buying), manipulation and use of undue influence could not be ruled out in some instances owing to absence of punitive measures against the wrongdoers.

In this connection, I would like to emphasize the fundamental importance of the formation of an Election Management Body (EMB) - an independent constitutional organ free from any political influence and formed on the basis of a fair, transparent and competence-based criteria to ensure a credible election. This must be empowered fully to fix the date of election, register the political parties and their candidates and implement all the procedural matters of the electoral system. Independent commission for recognizing electoral districts be made on time after the latest census and they should work in close cooperation and coordination with the independent election commission. Similarly, the degree of freedom of political parties, alliances and candidates to organize, move, assemble and express their views publicly will also determine the sanctity of elections.

Equally important is the issue related to the fair and equal access to media for political parties, alliances and candidates, in particular, the state media, is a prerequisite to retain purity of election in the course of regulating campaign and the Code of Conduct (CoC). The other issue of critical concern is the proper conduct of polling and counting of the votes as described in the electoral law. Finally, an appropriate electoral dispute resolution (EDR) mechanism with a competent and trustworthy process helps determine the actual outcome of the election. Thus, such a mechanism is expected to operate in an impartial and non-partisan manner.

The major thrust behind election observation under the auspicious of NEOC is to primarily audit the level of the independence, impartiality, transparency and professionalism of the entire cycle of the electoral process. NEOC’s observation outcome provides independent public assessment in all the three stages of electioneering. The ultimate aim of election observation is to contribute to safeguard and promote democratic values, human rights standards, rule of law and the observance of the norms of an open society.

It is my firm belief that a professional and unbiased election observation greatly contributes to strengthening democratic institutions and building public confidence in the electoral processes as the presence of observers obviously helps deter the possible incidences of fraud, intimidation and violence.

It is satisfying to note that in spite of some initial hitches, the newly elected Constitutional Assembly convened on 22 January 2014. In all, 565 out of 601 members took the oath of office in 11 different languages, proving once again the reality of Nepal being a multi ethnic, multi lingual and multi cultural country within the umbrella of political parties which duely represents them and unite for broader national interest.

Though all parties vowed to deliver a new constitution within one year, in a lackadaisical way the parties took their own time to select PR representatives from the closed list submitted to the EC, be able to fulfill their commitment. In addition to this, a number of unsavory controversies and petty squabbling between the major coalition partners- Nepali Congress and NCP (UML), over the minor issues have raised doubts over the parties' commitment to give the much sought Constitution within a year.

While assessing the numerous controversies, complexities and challenges encountered by the political parties in choosing the candidates for the PR list, there appears to be a need to review the entire mode of proportional election system with the alternative to make CA or in future the parliament truly represented by the people at the lower segment of the society. For the present, an alternative could be allowing the parties to give a prioritized list even before the elections to avoid “horse trading” that is alleged to have occurred.

NEOC hopes to see that every citizens of the country irrespective of age, color, ethnicity, gender and geographic location would automatically benefit from good governance and democratic consolidation as a result of the opportunity to exercise the adult franchise, the rights and freedoms. For this, revisiting the current electoral model objectively will be a significant step towards rectifying the existing anomalies and shortcomings of the electoral process. Hence, I personally urge the concerned political leaders, academia, media and other related stakeholders to analyze and review the past experiences of representation model so that our future course of democracy be strengthened.

We also expect that other members of the global community adopt measures that would enable the least developed countries like Nepal to fulfill their quest to satisfy the aspirations of their people not only in political terms but also in social and economic terms. Despite sheer poverty, illiteracy and ignorance, Nepali people have demonstrated their strong commitment to building fairer and more representative governance system.

Finally, I would like to extend my special thanks to our resource partners, national and international observer groups, NEOC’s national secretariat, its regional and district chapters, volunteers, eminent persons, international and domestic observers. Without their continuous support, effort and dedication this observation mission would not have reached such heights. I would like to sincerely congratulate the ECN for conducting a successful 2013 CA Elections amidst uncertainty, confusion and chaos. The last but not the least the independent government mechanism surrounded by mush controversy must also be appreciated for their tireless effort to provide governmental logistics and assist the election commission to accomplish this gigantic task of holding free and fair elections.

Surya Prasad Shrestha Chairperson @... Editor's Encapsulation

The key thirst behind observation of election is to audit independence, impartiality and transparency of electioneering with optimum level of professionalism of any observation mission. NEOC, being the pioneer civil society initiative for enhancing systematic and efficient election observation in the country attempts to secure the desired credibility of the observation process itself. Having enjoyed the opportunity to observe elections in various countries in Asia and beyond, NEOC team is well equipped with the knowledge and skill for meticulous strategies in the field of election monitoring and observation even under complex political and security environment.

Providing an independent public assessment through observation is an indivisible process towards the promotion of democratic culture, human rights and the rule of law. Observation initiative also greatly contributes to strengthening democratic institutions, building public confidence in electoral processes and more specifically helps deter fraud, fraudulent activities, intimidation and violence. The ultimate goal of organizing independent election observation missions such as NEOC-EOM is to ensure that citizens of the country should benefit from good governance, i.e. government that serves the public interest effectively.

Election observation is an integral part of human rights and democratic freedom. That is why, NEOC’s institutional composition both at the policy making to grass root setting is largely composed of human rights defenders, advocates and champions of social and gender justice. NEOC undertakes election observation as an in-built process of democratic freedom-beyond the notion of episodic event. The doctrine of observation is derived from various international human rights instruments to which Nepal is a State Party. One of the key components of the UDHR and the ICCPR is that elections should be held periodically ensuring universal suffrage. Leaders are not elected for life. They are accountable to the electorates thus, returning to voters at prescribed intervals to seek mandate is a must and they must accept the risk of being voted out of office. Electoral process must have an inclusionary approach to ensure effective and informed participation of a large proportion of the adult population and traditionally marginalized section of the society. Chosen by a small, exclusive group is not a democracy--no matter how democratic it may appear.

Since the mandate of the electoral representation is primarily to agree on a democratic constitution in Nepal’s contemporary context, the winning-loosing dynamics must not affect the long-cherished dream of Nepali people to draft a constitution with the directly elected representatives. Thus, this election is widely expected to go down in history as the milestone event that would finally put Nepal on an inexorable path of democracy, unity and cohesion. That is what will accomplish making of a united, indivisible, developed democratic nation that will occupy its right place in the community of nations, contributing to world peace, human rights and global security.

More than a year of wearisome await, the people have spoken again, resolutely, in the face of frustration with the CA’s inability to finalize its work. Election observers positively assessed the preparation for the election and the polling process on E-Day. The new biometric voter registration and the use of voter ID cards helped ensure the principle of ‘one person, one vote’, although there were reports of some voters not finding themselves on the voter roll due to technical errors. The extensive presence of party agents, and international and domestic observers provided transparency and helped build the confidence of parties, candidates, and voters in the integrity of the process. Observers noted that the candidates were free to campaign, free to associate, free to express their views and the voters were free to cast their votes with some exceptions. Nevertheless, physical clashes among political parties, as well as the use of violence to prevent people from exercising their democratic rights, also occurred in several instances.

The trust that voters have placed in their representatives comes with the responsibility to deliver. The renewed energy and enthusiasm of the Nepali people as expressed in the CA election process is expected to be harnessed by their elected representatives by setting aside partisan differences and focusing on drafting a democratic, inclusive and human rights- friendly constitution. More political infighting, stalemate, and disagreement will mean more years in which Nepal’s youth go without jobs, unsafe migration becomes routine of the day, crime rate escalates, the economy lacks the political stability needed to reassure investors, and the sacrifices of the political transition remain unfulfilled and the peace process may take unexpected “U” turn. All parties and groups are delegated to act responsibly and to respect the evident desire of Nepali citizens to end the painfully protracted political transition and to set benchmarks on a new constitution.

This comprehensive report is the culmination of the years-long hard work and dedication of thousands of observers-both domestic and international-who, through the collection of field-based facts and figures, have effectively reflected their time- tested appreciation of engagement. I hope that this report accurately mirrors the realities of electoral engineering in the CA election-2070. And, finally, we hope that the recommendations set-forth for future direction will have an enduring influence in the venture of electoral reform thereby securing a stable future of democratic freedom.

Gopal Krishna Siwakoti, PhD Secretary General/National Project Director Executive Summary

The post-conflict Constituent Assembly (CA) election of 2008 was thought to be Nepal’s gateway to a peaceful transition into democracy and prosperity-bringing political watershed. It had much larger agenda, such as concluding the peace process and agreeing on a constitution that would chart out a path towards a federal, democratic republic of Nepal. The post-election political processes, most importantly the ones within and around the resulted CA, did achieve some groundbreaking consequences. Concluding the peace process was perhaps the most remarkable tangible result of this period. Spending far longer-than-planned time and retention of instable governance were the other major points of criticism besides failure to draft a constitution. The 2013’s CA elections had a single agenda: agree on a constitution sooner and unfasten the country from the shackles of transition and uncertainties. This will be a final litmus test of contemporary political forces, and of those who steer them, for Nepal’s prospects for peace, development and democratic future.

It has been widely noted that with the harmonized action and involvement of the factors necessary for peaceful elections including political tolerance, and awareness, a media exercising restraint and not fanning the flames of ethnic discord, neutral and impartial electoral management body, a paramount neutral interim election government and, a proactive civil society committed to peace, rights and democracy made the CA elections a grand success. The November 19 elections had all the ingredients of free, fair, peaceful and credible elections. The poll rejecters had hoped for chaotic elections that would perhaps justify their boycott but the success (even beyond what was expected) left them empty handed. It was characterized by high voter turnout (78%) and orderly conduct of the electoral proceedings and thus passed the credibility test with flying colors of peace, freedom, justice and democracy. Although intimidation was practiced through the use of explosive devices and transport strike, such incidences did not impact the overall election results. When compared with the past elections in the country as well as major elections in the region, this election has stood out setting some standards that maintaining the same is likely to be a challenge for future governments.

The election brought about quite a number of surprises in terms of electoral victory. Some people, said to be political heavyweights, people with name recognition and holding high offices were worsted in the elections. We acknowledge the sports-person-like spirit with which some of them conceded. Most leaders’ statements that highlighted elections are not a “do or die affair” is commendable.

Diverse parameters were developed to ensure observation of all major components of electoral process. Under Legal Framework, we did observe whether the consolidated legal framework was easily available together with a comprehensive electoral timetable. We also noted the political dimensions concerning the postponement of election and whether or not it was held without extra-legislative delay. The other components observed were the implementability of the electoral legislation and the broader legitimacy of the legal framework around electoral process.

Under Electoral Management, observation was focused to audit the perception towards the degree and quality of service delivery as well as legitimacy, transparency, acceptance and impartiality of the EC and relevant state agencies.

Regarding Constituency Delimitation, observation was aimed at looking into the rationale and broader acceptance of constituency structure by all stakeholders. Additionally, concern was diverted towards validating easy availability of information about constituencies in terms of demarcation, size and number of seats. Fair and effective systems for boundary limitation and seat allocation in place and the application according to rules along with unhindered access of concerned stakeholders to and design of ballot paper was also an issue of critical concern.

Concerning Voter Education, observation was dedicated to seek information on the percentage of the first time voters exposed to voter education facilitating their active participation. In the given diversity of voting population, recognition of marginalized groups and addressing their identified needs also constituted our observation component. NEOC also noted the intricacies associated with the percentage of invalid votes cast and finally in terms of voting age population, level of participation and enthusiasm of those eligible to vote for the first time.

On Voter Registration front, NEOC conducted a nationwide VR survey for the period of two consecutive years covering directly and indirectly the 75 districts. The major components of VR observation included the proportion of the voting age population registered to vote; freedom of VR from serious bias based on gender, age, ethnic or religious affiliation, marginalized groups or backward region; opportunity for qualified people to be registered with a minimum of inconvenience; existence of appropriate mechanisms for ensuring that information in the register is accurate; availability of appropriate mechanisms for ensuring that the public can have confidence in the register; and, fair and reasonable criteria for registration and its compliance with the accepted international standards.

With regards to Party Registration and Candidacy, whether or not the parties and candidates were allowed to file candidacy after fulfilling the registration requirements, be registered without bias was another primary concern while observing. Additionally, our observation also focused on whether or not the independent candidates were registered without any constraints if they fulfilled all the legal requirements. The method of voting as well as the design of the ballot paper being non-discriminatory was also within the purview of our observation. The prevalence of level playing field for all contestants was fundamental component of the observation process.

In connection with Campaign Regulations, NEOC closely observed the availability of a system, which would provide access to state-owned media, and equitable implementation although formal media monitoring was not the primary component of our observation. The availability of an independent mechanism for identifying bias in the state media and swift correction of the identified incidences was generally monitored. Furthermore, proper use of the available resources, their sources, accountability and transparency of campaign financing by political parties and candidates was of utmost significance in our observation.

Finally, under Results and Redress, NEOC had a serious concern about the issue raised by some political parties amplifying the allegation of foul play in the process of transportation of the ballot boxes. NEOC, together with other members of the Election Observation Coordination Group (EOCG), came to a common understanding that no such major irregularities that may impact the outcome of the election were discovered. Had the ballot boxes been mishandled and stolen as per Maoist allegations, both the domestic and international observers would have notified the public as well. In fact, all observer groups urged the complainants to respect the verdict of the polls and if unsatisfied with any part of election process including the ferrying of ballot boxes, should instead opt for the legal course. In our view, the reaction of the complainants towards the election results contradicts election ethics, especially when other political parties positively conceded their consecutive defeats. Observation was also dedicated to oversee whether the mechanism for verification of final result and certification were transparent and whether any serious complaints lodged were accepted for adjudication without unreasonable personal or financial risk. Similarly, the issue of installing an appropriate dispute resolution mechanism, which operates in an impartial and non-partisan manner, was also taken into consideration. The observation component around EDR also includes the settlement of court disputes without undue delay. Finally, NEOC’s concern is also to observe the process in the formation of the CA in accordance with the prescribed timeframe by the legislation.

As a part of preparation, NEOC approached the second CA election by re-constituting its district and regional chapters. It conducted national and regional level Training of Trainers (ToT) on election observation, electoral education and independent electoral reporting. In addition, orientations were conducted in all 240-constituencies for local observers and volunteers. Following the orientation, standard questionnaires were developed to obtain observation findings of the entire electoral cycle. Series of high-level election monitoring delegations were dispatched across the country before the election in order to assess the pre-election scenario. Several stakeholders were consulted to ascertain the efficacy of the electoral process so that the credibility of the election could be ensured.

As in the past, NEOC also hosted a team of experienced international observers from four continents comprising of eminent election experts, jurists, academics and human rights advocates. A team of eminent persons consisting of former speaker of the parliament, ministers, reputed academic and vice-chancellor of the university, former diplomats, former senior bureaucrats and security chiefs, human rights defenders, senior citizens, journalists and civil society leaders were mobilized to observe the elections across the country.

Observers provided detailed information from the ground level while national and international media were also sourced in collecting information. The Media Center formed under the national secretariat of the NEOC cross- checked and verified the information it received. The graphical presentation in the report represents the sampled data, facts and figures based on observation questionnaire administered by the NEOC technical team.

In addition to election observation, enhancement of civic awareness building activities was implemented in the form of electoral education as a major component of NEOC’s programmatic intervention. For this, NEOC introduced various schemes of election awareness campaigns through information, education and communication materials. NEOC also organized periodic interaction with media, approached higher electoral, political administrative including security agencies to promote confidence on efficacy and sanctity of the elections among voters. ACRONYMS ANFREL Asian Network for Free Elections APF Armed Police Force CA Constituent Assembly CC Constitutional Council CJ Chief Justice CCWB Central Child Welfare Board CDO Chief District Officer CoC Code of Conduct CPN-M Communist Party of Nepal-Maoist CPN-UML Communist Party of Nepal-Unified Marxist Leninist CSOs Civil Society Organizations CWIN Child Workers in Nepal Concern Centre DEO District Election Officer DEW Democracy and Elections Watch-Nepal EC Election Commission ECDC Election Constituency Delimitation Commission ECN Election Commission Nepal EDR Electoral Dispute Resolution E-day Election Day EMB Election Management Body EOCG Election Observation Coordination Group EOC Election Observation Committee, Nepal ERMT Electoral Risk Management Tool ESP Electoral Support Project EU European Union EUEOM European Union Election Observation Mission EVM Electronic Voting Machine FDNF Federal Democratic National Front FLSC Federal Limbuwan State Council FPTP First-Past-The-Post GIS Geographical Information System GPS Global Positioning System HLPC High Level Political Committee HLPM High Level Political Mechanism ICCPR International Covenant on Civil and Political Rights ICT Information, Communication and Technology IEC Information, Education and Communication IED Improvised Explosive Devices IPWN Inter-Party Women Network LTO Long -Term Observer MoHA Ministry of Home Affairs NA Nepal Army NC Nepali Congress NDI National Democratic Institute NEOC National Election Observation Committee NFDN National Federation of the Disabled, Nepal NGO Non-Governmental Organization NHRC National Human Rights Commission NID National Investigation Department NP Nepal Police PSA Public Service Announcement PR Proportional Representation PWDs Persons With Disabilities RPP-N Rastriya Prajatantra Party-Nepal STO Short-Term Observer SC Supreme Court TAF The Asia Foundation UCPN(M) United Communist Party of Nepal (Maoist) UDHR Universal Declaration of Human Rights UDMF United Democratic Madhesi Front UNICEF United Nations Children’s Fund VE Voter Education VDC Village Development Committee WDO Women Development Officer YCL Young Communist League A Chronology of Key Political Events Date Events 1768 Gurkha ruler Prithvi Narayan Shah conquers Kathmandu as a unified kingdom 1814-16 Anglo-Nepalese War establishing Nepal’s current boundaries 1846 Nepal falls under sway Ranas, dominated the monarchy and cut off country from outside world. 1923 Treaty with Britain affirms Nepal’s sovereignty. 1950 Anti-Rana forces based in India form alliance with monarch. 1951 End of Rana rule. Sovereignty of crown restored and anti-Rana rebels in Nepalese Congress Party form government 1955 Nepal joins the United Nations 1959 Multi-party constitution adopted 1960 King Mahendra seizes control and suspends parliament, constitution and party politics 1962 New constitution provides for non-party system of councils known as “panchayat” under which king exercises sole power. First elections to Rastrya Panchayat held in 1963 1980 Constitutional referendum follows agitation for reform. Small majority favours keeping existing panchayat system. King agrees to allow direct elections to national assembly - but on a non-party basis. 1986 New elections boycotted by NCP 1990 Pro-democratic & agitating protests by NCP and leftist groups pressures King Birendra to agree on new democratic constitution 1991 Nepali Congress Party wins first democratic elections 1994 New elections lead to formation of Communist government 1995 Start of Maoist revolt dragged for a decade. The rebels demanded abolish of monarchy June 2001 The royal massacre by the shooting spree of drunken Crown Prince Dipendra, who then shoots himself November 2001 State of emergency declared after more than 100 people are killed in four days of violence. King Gyanendra orders army to crush the Maoist rebels. Many hundreds are killed in rebel and government operations in the following months. May 2002 Parliament dissolved, fresh elections called amid political confrontation over extending the state of emergency October 2002 King Gyanendra dismisses PM and indefinitely puts off elections set for November February 2005 King Gyanendra assumes direct control and dismisses the government. He declares a state of emergency, citing the need to defeat Maoist rebels. November 2005 Maoist rebels and main opposition parties agree on a programme intended to restore democracy April 2006 King Gyanendra agrees to reinstate parliament following weeks of violent strikes and protests against direct royal rule. Maoist rebels call a three-month ceasefire May 2006 Parliament votes unanimously to curtail the king’s political powers November2006 Government and Maoists sign a peace accord - the Comprehensive Peace Agreement (CPA) - declaring a formal end to a 10-year rebel insurgency January2007 Maoist leaders enter parliament under the terms of a temporary constitution April2007 Maoists join interim government September2007 Maoists quit interim government to press demand for monarchy to be scrapped. This forces the postponement of November’s CA elections. December2007 Parliament approves abolition of monarchy as part of peace deal with Maoists January2008 A series of bomb blasts kill and injure dozens in the southern Terai plains, where activists have been demanding regional autonomy. April2008 Former Maoist rebels win the largest bloc of seats in elections to the new CA, but fail to achieve an outright majority. May 2008 Nepal becomes a republic. June 2008 Maoist ministers resign from the cabinet in a row over who should be the next head of state. July2008 Ram Baran Yadav becomes Nepal’s first president August2008 Maoist leader Prachanda forms coalition government May2009 Prime Minister Prachanda resigns in a row with President Yadav. Maoists leave government after other parties oppose integration of former rebel fighters into national army. May2010 Governing coalition and Maoist opposition extend deadline for drafting of new constitution to May 2011 February2011 Jhalnath Khanal elected premier, ending a seven-month stalemate during which Nepal had no effective government May2011 CA fails to meet deadline for drawing up new constitution May2012 PM Bhattarai dissolves parliament, calls elections for November after CA failure in a new constitution. Dr. Bhattari remains in charge of a caretaker government March2013 Chief Justice Khil Raj Regmi is appointed head of an election government April2013 SC suspends government plan to set up a Truth and Reconciliation Commission to investigate crimes committed during the civil war, citing concerns it could allow amnesties for serious crimes CPN-M (Maoist faction) along with 32-fringe party alliance boycott the election The second CA election successfully concluded November 2013 Nepali Congress emerges as the largest party followed by CPN-UML and UCPN-Maoist February 2014 NC Parliamentary leader Sushil Koirala becomes 37th Prime Minister of Nepal

Source: http://www.bbc.co.uk/news/world-south-asia-12499391 Comprehensive Report

Chapter 1 INTRODUCTION 1. Background i. An Overview of Political Situation Nepal, a small Himalayan country lying strategically sandwitched and landlocked between the two giant neighbors- China on the north and India from rest of the sides, has experienced a tumultuous and chequered history in its democratic evolution since the year 1951 following the downfall of the autocratic and repressive regime of the Rana family. Since the downfall of the Ranas, the country could never experienced a smooth and undisturbed passage to democracy. The year 1951 is considered as the most important watershed in the recent Nepali history as in that year Nepal emerged from the medieval backwardness and isolation into the modern world by deciding to adopt some semblance of parliamentary democracy after the Rana rulers were forced to end the 104 years of absolute rule in the country. The downfall of Rana regime became possible as the result of a brief armed struggle and popular movement led by Nepali Congress (NC) party as well as diplomatic pressure employed by the Government of India which had very recently attained independence from the British colonial rule. The post-Rana period between 1951-1990, has been interspersed by almost 3 decade long undemocratic party-less political system which was controlled by the King and his illiberal and reactionary-minded supporters as against the shorter periods of democratic rule. In the year 1990, in Nepal too, encouraged by the 'third wave' of democratization process spreading across the world and quick dismantling of the Soviet Union and emergence of several independent states in the Eastern Europe as a result of peaceful popular movements, witnessed an unprecedented massive popular upsurge known as the 'Jan Andolan' in the Nepali parlance aimed at toppling the undemocratic royal regime called 'Panchayat system' and its replacement by the parliamentary democracy. That popular movement became successful, in addition to the leading role of the parties like the Nepali Congress and United Left Alliance, mainly because of the widespread participation by the recently emergent professional groups like university professors, medical doctors, nurses, lawyers, journalists etc. The democratic period between 1990-2006 has been a mixed and contradictory period as far as the issue of consolidation of democratic rule in the country is concerned. On the one hand, the period has been characterized by the flowering and expansion of the institutions and agencies which are considered as important 'pre-conditions' for the success of democracy like the growth of political parties, development of various forms of media, significant expansion of the private sector, emergence of NGOs and civil societies all over the country and a remarkable social-political awareness among the people. However, on the other hand, the period also experienced the simultaneous 'reverse trends' like unending political instability, tendency among the successive Kings (late King Birendra and the former King Gyanendra, in particular) to destabilize and weaken democratic process as well as their readiness to usurp human rights of the people at every available excuse, and most importantly, a decade-long violent armed insurgency led by the radical CPN (Maoist) party escalating all over the country. All these contradictory trends and issues coalesced and climaxed into building of a massive popular movement or 'Jan Andolan – II', in 2006 against the royal absolutism of the ex-King Gyanendra, when hitherto violently antagonistic forces- the political parties committed to existing parliamentary system like Nepali Congress, CPN (UML) and the CPN (Maoist) aiming to establish a communist republic in Nepal, decided to join the forces.

Observation of Nepal’s Constituent Assembly Election-2013 | 1 Comprehensive Report The post- 'people movement-II' or which is also known as the 'post-conflict' transition in Nepali politics is unprecedented and remarkable phase in the sense that for the first time in the history of Nepal the King had been rendered totally powerless and redundant (the first meeting of the Constituent Assembly- I took no time to abolish the institution of monarchy) and emergence of a new political power in Nepali politics in the form of the CPN (Maoist) , which consolidated its position further by securing the highest number of seats in the CA-I elections held in 2008.

But, the CA-I proved to be a futile experiment as it failed to draft a much anticipated new constitution as had been repeatedly promised by the political parties and their leaders. The CA-I totally failed to make any headway in drafting of the Constitution in spite of its extended life of 4 years instead of 2 years fixed by the Interim Constitution. Neither were our constitution makers sensitive to of the continuous support of Nepali people as well as the generous assistance provided by Nepal's international partners to help Nepal to accomplish the task. The main reasons for the failure is attributed to the domineering arrogant behavior and unrealistic ambition of the Maoists, on one hand, and equally inflexible and status quotist position taken by the old 'traditional' parties like Nepali Congress and CPN (UML). Likewise, the House also failed to resolve the critical political and constitutional issues related to the state restructuring and the choice of the political system between the presidential and parliamentary system. In the most hotly debated issue of the state restructuring or federal division of the state, the crux of the controversy focused on choosing the main basis of the federalization- whether it should be based on the single identity or the ethnicity criterion as demanded by the Maoists and newly emergent Madheshi parties from the southern plains of Nepal or its should be carried on the basis of the geography and economic viability of the proposed provinces as demanded by the Nepali Congress and CPN (UML) etc. The failure to arrive at consensus among the divergent and almost intractable stands resulted in the inevitable demise of the historically elected Constituent Assembly, thereby requiring the Nepali people to go for another elections to the new Constitution Assembly.

So, when the elections to the CA-II were held recently on November 19, 2013, compared to the 1st CA elections, the Nepali electorate approached this elections with less enthusiasm but with more maturity and circumspect. Because the preceding five years of political development which had been characterized by parading of one after another non-performing and fractious governments and disheartening experience of the CA-I to deliver the Constitution have had a sobering experience for the people who were eagerly and euphorically expecting a new prosperous dawn under the new democratic dispensation. Nevertheless, in spite of the bitterness and disillusioning experience of the past and in spite of numerous intimidatory violent activities carried out by election boycotting parties, mainly the of CPN-Maoist (Baidhya group), Nepali voters turned out to cast vote in a rather unprecedented numbers, which confounded the dire predictions of the prophet of doom and gloom from within and without. Owing to the untiring efforts made by the Election Commission, domestic and international observer groups like National Election Observation Committee (NEOC), the Carter Center and many other as well and owing to effective security measure implemented by the security agencies of the government, an astonishing number of almost 78% voters actively and enthusiastically participated in the one of the most free, fair, peaceful elections in the electoral history of Nepal so far. The success of polling process, its outcome and its ultimate acceptance by all participating political forces have not only helped to enhance the political legitimacy of the process in the eyes of the people and the international community as a whole, it has also, simultaneously succeeded in rekindling the optimism and hope about the eventual success and accomplishment of the much expected task- the drafting of a dynamic, vibrant and consensual new Constitution of Nepal as early as possible.

2 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report ii. The context of Constituent Assembly (CA) Election

If democratic systems are to survive and flourish in any part of the world, citizens must be convinced that for their economic, social and political development, the best route is choosing governments through free and fair competitive elections. It is a fundamental principle of good governance, which stipulates that there must be periodic free, fair and transparent elections in any community if it is to be a democratic entity, although many might second the thought that having elections alone does not make a state democratic since it has to be anchored on good governance principles.3

Elections among other things, transform what might otherwise consist of sporadic citizen initiated acts into a routine public function. Elections bring order to a society, since it gives an opportunity for citizens to vote for change instead of resorting to violent means to achieve their ends. This helps to ensure Government stability by containing and channeling away potential disruptive or dangerous forms of mass political activity. Elections act as a vehicle through which ordinary citizens run for political office or to play an important role in selecting political leaders. An election also offers the opportunity for citizens to ensure that Government is responsive to their needs and wants which increases its legitimacy.

Elections ensure the sustainability of democratic structures and processes. Sustainability involves assuring that the electoral process is institutionalized, that a civic base exists in support of a rational, constitutional means of choosing leadership, and that mechanisms are in place to assure continued support during the consolidation phase of democratization (Elections, 1993). Democratic elections are promising because the principles, institutions, and rules associated with this practice seek to give power to the people; it also provides predictable procedures in which collective decisions can be taken. For this reason, many deeply divided post-war societies in the 1990s have turned to democracy as a way to exit intractable conflict. However, democratic transitions may be challenged at the onset in that they rearrange political competition, alter structures and power relations. This notwithstanding, elections and other democratic principles, when nurtured over the medium term, bring stability and pro-poor development to its people leading to sustainable peace.4

In the Nepalese context, it is important to note that after a decade of violence between pro-government forces and Maoist groups, Nepal witnessed a post-conflict CA election in 2008 which was widely acclaimed as free and fair, providing the grounds for a peaceful transition to democratic stabilization. A transitional interim assembly was set up after this to establish a new constitution. Ideally, elections in a democratic environment should promote political participation in an enabling environment created by leaders, civic groups and democratic development institutions by working together to create a sense of efficacy in political participation among citizens and strengthen their confidence in the effectiveness of open, pluralistic processes for choosing government. Elections also promote the concept of a competitive political environment where political parties and candidates should be willing to compromise when they experience, first-hand, the need to work collaboratively to achieve the objective of being in an elected office. Despairingly, in Nepal, a lack of consensus, differences in the political positions of various political parties and failure to draft a constitution in the given time slot led to the dissolution of the assembly in 2012. The long-delayed formulation of the constitution was further delayed by frequent postponements of the CA election.

Observation of Nepal’s Constituent Assembly Election-2013 | 3 Comprehensive Report The elections for a new CA were long overdue, after the first CA was dissolved on May 27, 2012, without completing its allocated task of drafting a new constitution. Initially slated to be held by June 21, 2013, the second CA elections was successfully concluded only on November 19 with all the ingredients of free, fair, peaceful and credible elections. Failure to deliver a new constitution had led many to believe that the 2013 elections would be a litmus test for Nepal's democratic future. The successfully concluded November 19 elections had all the ingredients of free, fair, peaceful and credible elections. Detractors had hoped for chaotic elections to justify their boycott. The manner in which the elections were held shamed preconceived claims by poll rejecters and pessimist political observers that the elections would not pass the credibility test. It was characterized by high voter turnout and election proceeding were conducted orderly. The election was peaceful, credible, fair, free, and democratic, of course, notwithstanding a number of violent incidents and several reports of intimidation from around the country.

With the harmonized action and intervention of the factors necessary for peaceful elections including political tolerance, and awareness, a media exercising restraint and not fanning the flames of ethnic discord, a neutral and impartial electoral management body (that carried out its duty professionally), a neutral interim election government and, a committed civil society working towards peace building and non-violent elections, the elections were successful. iii. Formation of Election Government

The Chief Justice (CJ) of the Supreme Court (SC) was proposed to lead the election government to end the protracted political deadlock as a Chairperson of Council of Ministers by the main political party leaders. Handing over an agreement to remove the constitutional hurdles to do so, the CJ was appointed as the head of the interim election government on March 14, 2013 as a part of the 11-point deal among the three major political parties and the United Democratic Madhesi Front (UDMF).

According to the agreement, based on the 25-point ordinance to remove political hurdles, the primary task of the Election Government or the Interim Election Council will be to hold elections to the CA within the stipulated time, i.e., by June 21, 2013. If the CA-Parliament elections cannot take place by June 21, 2013, due to technical causes or an intractable situation, the Council of Ministers shall fix the date for holding the election by December 15, 2013, based on a consensus of the 'high-level political mechanism' (HLPM).5 The first verdict delivered by the PM was to dissolve the defunct CA without taking into account the provisions of the Interim Constitution, which did not stipulate the reelection of the CA. In fact, the SC should have first requested the legislature to amend the Interim Constitution before delivering such verdict. The political drift, which motivated the verdict without amending Interim Constitution regarding concerning the provision of reelecting CA, has indeed dragged the SC into the politics. It has clearly undermined the independence of the judiciary.

3DEMOCRACY, ELECTIONS AND STABILITY IN POST WAR STATES, Proceedings of a National Consultative Meeting on Peaceful Elections in Sierra Leone Edited by: Chukwuemeka B. Eze and Francis Acquah-Aikins 4http://www.idea.int/publications/dchs/upload/dchs_chapter_2.pdf

4 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Following the dissolution of the CA on May 28, 2012, political bargaining put concern for human rights on the backburner. Institutional reforms to curb torture, guarantee freedom of assembly and expression, and bring security forces under the rule of law have been negated in the absence of an elected parliament. It was more of a moral and ethical responsibility of the sitting CJ Mr. Regmi, whose verdict outright ignored the legal procedure for requesting CA to amend the Interim Constitution for stipulating the reelection of the body of CA for another term to however and under any circumstance led the election government to re-elect the new CA. Amongst all controversies surrounding the appointment of the CJ as the head of the government to oversee fresh CA polls aimed at ending the stalemate, the political parties saw the government as a compromise solution. Mr. Khil Raj Regmi replaced the then Prime Minister Baburam Bhattarai. Desisting from participating in the court hearings while leading the government, the CJ was provisioned to exercise his judicial position and duties upon election of a new government.

The CJ-led government was questioned on the basis of undermining the role of political parties and ignoring the principle of separation of powers between the judiciary and the executive. Petitions and writs were filed against the government arguing that such government is against the principle of separation of power and the Interim Constitution of Nepal.

Arrangements for the CJ to return to his previous post following the nomination of the next PM were made, whilst the tenure of the Council would come to an end and the Acting CJ would fill the empty legislative position.5 iv. Formation of the Election Commission (EC)

The Interim Constitution mandates the creation of an EC for Nepal [Article 128 (1)] - a constitutional body having the right to conduct, supervise, direct and control the elections to the CA, referendum, and the local authorities (Article 129). The EC currently has a chief election commissioner as head of the institution, and four other commissioners

The EC is an independent constitutional body. The constitution prescribes the precise criteria for the persons to be appointed to the EC. Besides, the Legislative-Parliament Rules 2007, for the first time in Nepalese parliamentary history, provide for a parliamentary special committee on public hearing. A wider consultation, therefore, is exercised in the process of appointing the chief election commissioner and the other commissioners. This special parliamentary committee basically conducts the hearing for the persons to be appointed in constitutional posts. The special procedures for the hearing have also been prescribed. However, in the absence of the parliament, the current EC officials were appointed by the Council of Ministers in the recommendation of the High Level Political Committee (HLPC), the cross party mechanism formed to support the neutral government.

5http://www.satp.org/satporgtp/sair/Archives/sair11/11_37.htm#assessment2

Observation of Nepal’s Constituent Assembly Election-2013 | 5 Comprehensive Report In the 2013 elections, the EC managed to keep the technical side of the process largely on schedule while acting in an impartial manner, despite the constitutional crisis, the tight timeframes for conducting a November election in a geographically complex country, and threats of poll disruption by some boycotting parties. Materials needed for polling were delivered on schedule in most places, including voter rolls and ballots. Despite delays in delivering training materials in some districts, the training of polling and counting officials was carried out professionally at the sessions attended by the Center’s observers.6

The performance of the EC with the new mandate of conducting CA polls is yet to be judged in the changed political context. However, past experience shows that the EC was not very effective and was occasionally unable to enforce its judgment on political offenders. This was mainly due to the political influence on selecting staff for the electoral process. The staff significantly lacked the professional willpower for imposing penalties on offenders. With the monitoring mechanism being weak and largely ineffective, the imposition of penalties was also very ineffectual.

Furthermore, the indictment of the same people, whose tenure was over months before, to serve as the commissioners is considered as the deficiency of farsightedness of the government especially because the Election Management Body (EMB) remained vacant for a considerable length of time resulting in uncertainties, speculations and discontinuity of the much needed repression for election.

Although the constitution requires the government to provide the necessary staff, core and full-time staff are limited. The staff deployed by the government for the electoral process largely come from different sectors and have different expertise and orientation. They may not be professional enough to carry out the mandate of the EC. All the staffs serving in the office of the EC, therefore, do not possess specific qualifications to fulfill the basic mandate.

The political parties have decided the election system and voting system. In addition, the political parties decide the election date. After the announcement of the election, the government transferred the government officials as desired. Thus, the EC is very weak and is under political interference. v. Constitutional Arrangement for Election Removal of Barrier through the amendment of Interim Constitution On 9 March 2013, an agreement was reached among UCPN (Maoist), Nepali Congress, Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) and United Democratic Madhesi Front to amend the Interim Constitution of Nepal-2007 as a move to remove the barrier and difficulties in holding the second CA elections.

The amendment was made in the context of the term of the CA having expired before the task of constitution making was completed, and also in consideration of the SC’s verdict, to institutionalize a federal democratic republic in the country by guaranteeing the rights of the Nepali people to draft a constitution on their own. The rationale for the amendment was based on considering that the CA did not exist after May 27, 2012 and the subsequent political consensus reached for holding fresh elections to the new CA necessitated a national consensus government for the same which would require fresh elections to the CA by a government formed under the leadership of the CJ.

Some articles in the Interim Constitution were amended and some new provisions added through the order of the president to form a new government and to create grounds for fresh elections, as there

6 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report was no parliament. For this, the parties reached an understanding to invoke the statutory provision on removing constitutional difficulties through the order of the head of state. Invoking the provision had become necessary even to make appointments in the constitutional bodies, including the election commission, because commissioners in the constitutional bodies could be appointed only after conducting parliamentary hearings. Top positions in the constitutional bodies had remained vacant for a long time.

The parties agreed on removing the difficulties despite the differences, including vehement opposition from the Nepal Bar Association and other actors as the top leadership of the major parties were under pressure from international actors to form a CJ-led government at the earliest. Instead of the term Prime Minister, the constitution set a provision of Chairman of the Interim Poll Government and Article 38 (1) of the constitution stated that an interim poll government would be headed by the CJ. The amendment also ensured a provision confirming that the officiating CJ would perform all the functions of a full-fledged head of the judiciary, including presiding over the Judicial Council, the body responsible for policy related issues of judges.

The amendment also sought to remove constitutional difficulties on provisions concerning the Constitutional Council (CC) that is responsible for appointments in constitutional bodies. The previous current provision stated that the CC is to be headed by the PM. But following the removal of the constitutional difficulties, the CC would be headed by the Chairperson of the Interim Poll Government. The provision of having the parliament’s Speaker and the leader of the opposition as members of the CC was removed. The term of the new CA was fixed for four years. Other acts that were amended through ordinances are the Citizenship Act 2059 BS, Member for CA Act 2064 BS, Voter List Act 2063 BS, Election Commission Act 2063 BS, Election Offence and Punishment Act 2063 BS, CA Court Act 2064 BS, Duties of Constituent Council 2066 BS and Perks and Remunerations for Constitutional Bodies 2053 BS.7

2. NEOC and Election Observation

NEOC, a coalition consisting of human rights groups, civil society organizations (CSO) and distinguished individuals, has come into being in pursuant to the values and principles of universal adult suffrage enshrined in the UDHR and ICCPR. It was established in 1991 in view of observing the General Elections of that year. Since then, it has been continuously observing all local and national elections held in the country including the historic CA election of 2008 with the mobilization of trained domestic and international observers. The activities of NEOC are designed not only to merely observe the actual polls but also to enhance a systematic campaign to ensure free, fair and peaceful elections through the observation of the voter registration process and the enhancement of civic and voter education programs.

NEOC is a founding member of Asian Network for Free Elections (ANFREL) and serves in the organization’s Board of Directors since 2008; and has participated in many international observation missions. NEOC was also involved in the drafting process of the recently promulgated Bangkok Declaration on Free and Fair Elections under the auspices of ANFREL. NEOC performs a number of functions including research, education, advocacy, coordination, publications; election observation including field audit, networking, reporting and documentation; policy dialogues including public

6http://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/nepal-preelection-103113.pdf

Observation of Nepal’s Constituent Assembly Election-2013 | 7 Comprehensive Report consultations, lobbying, social interaction on constitutional/legal/administrative reforms and democracy watch which includes field research, rights-based civic/voters' education, engagement with stakeholders, campaign.

There were two major projects operated for the 2013 CA elections. “Enhancing Electoral Education and Observation of Elections in Nepal” supported by European Union (EU) Delegation to Nepal is a three year long project with overall objective to enhance public knowledge, understanding and employment on freedom of elections, promote accountability of political parties on the sanctity of elections as well as ensure compliance with the fundamentals of electoral democracy by all stakeholders. Formally commenced from 25th of February 25, the project is being implemented across all existing 240 electoral constituencies of the country in close coordination with NEOC's regional and district chapters and other concerned stakeholders.

The second “Observation of Nepal's New CA Election – 2013” project supported by The Asia Foundation (TAF) filled the financial shortage especially regarding deployment of observers during the elections. The ultimate objective of the TAF supported election observation program was to train and deploy short-term observers (STOs)

Following its traditional practice, NEOC continued to avail itself to address numerous challenges around freedom of elections. As per our mandate, we are continuously committed to ensure that the nation is able to consolidate its hard earned peace and strategically position itself for takeoff into democratic development. In support of the elections, therefore, NEOC is currently working in close cooperation with the EC in various aspects of electoral management. To promote political tolerance, we are also working closely with political parties, their youth and women’s groups, authorities and agencies, civil society, media, and academia in promoting the sanctity of elections amongst its constituents. In the same vein, we have served as a coordination secretariat for the Election Observation Coordination Group (EOCG-a common platform of several domestic and international election monitoring groups) during the CA election 2013.

NEOC's regional and district chapters have been engaged with the local authorities, political parties and other concerned agencies in the development of a free fair and credible election strategy. We commend all our observers who performed their duty even under exceptionally difficult circumstances .

2.1 Coordination of Election Observation Formation and Mandate

Under the mounting uncertainty in the aftermath of the failure of Nepal's first CA to draft a new constitution, the role of observers became very important in the new CA election. Framing improvised understanding, coordinating and cooperating strategies was crucial in enhancing the overall working capacity of observation groups. EOCG meeting convened at NEOC

7http://www.ncf.org.np/?page=article&id=7

8 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Realizing this need, under the joint effort of National Election Observation Committee (NEOC) and National Democratic Institute (NDI), an EOCG has been formed with its first formal meeting held on April 9, 2013. Besides focusing on rules, regulations and code of conduct, the group worked on developing proper regulations governing observation to allow more transparency and to enhance credibility to deter malpractices. Altogether nine rounds of monthly and fortnightly meetings had been occurred before the CA Election and four subsequent monthly meetings have been held after that.

The group was entrusted for coordinating the like-minded domestic and international observers' organizations devoted to credible elections in Nepal. The group included domestic observation organizations namely: NEOC, General Election Observation Committee (GEOC), Democracy and Elections Watch (DEW-Nepal), Constituent Assembly Election Observation Joint Forum (CAEOF), Election Observation Committee, Nepal (EOC N), Alliance for Election Observation Nepal (AEON) and SANKALPA. A couple of other local observer groups also occassionally participatd in the EOCG meeting. Similarly, the international observation groups and agencies namely: The Carter Center (TCC), European Union (EU), ANFREL, The Asia Foundation (TAF), International Foundation for Electoral System (IFES), UNDP–Electoral Support Project, Royal Norwegian Embassy, USAID, NDI, International IDEA, and European Union Election Observation Mission (EUEOM) are part of the EOCG.

Domestic Observation Groups’ activities included:

I. Pre-Election Activities • Formation of the EC • Voter Education/Information • Voter Registration Process • Voter Registration Audit • Delimitation of Constituencies • Registration of Political Parties • Candidate Nomination Process • Campaign Period • Conduct of Election Administration • Conduct of Civil Administration • Political Party Campaign Finance • Election Violence Observation • Compliance with Code of Conduct • Media Monitoring • Number of Trained LTOs to be Deployed • Duration of LTO Deployment

II. Election Day Observation • E-day Voting and Counting Processes • Sample Based Observation (SBO) • Parallel Vote Tabulation (PVT) • Tabulation and Announcement of Election Results • Hosting/Collaboration with International Observers • Use of Crowd-Sourcing Tools • Number of Trained STOs to be Deployed

Observation of Nepal’s Constituent Assembly Election-2013 | 9 Comprehensive Report III. Post-Election Activities • Post-Election Environment • EDR Process • Post-Election Lessons Learned Conference • Electoral Reform

International Election Observation Groups’ activities included: • Fix places and duration of STO and LTO Deployment • Observation of Voter Registration Process and Voter List • Pre-Election Assessment Mission (PEAM) • Support to Domestic EMOs • Support to EC of Nepal • Post-Election Environment mapping • Make public the Comprehensive Observation Report

For the domestic observer groups disclosing the updated funding status and activity details in every EOCG meeting was desirable. International organizations were required to update their plans and activities amongst the EOCG members. Such unique initiative helped synergize in the effort to information exchange between and among the organizations as well as with the EC in election engineering.

2.2 Election Observation Directives

Various election observation groups who were involved in election observation had several rounds of discussions on the draft of the Election Observation Directives, 2070. Attention of the EC was drawn on the following contentious issues, and accordingly a memorandum was submitted to EC to consider revising the Directices:

1. As regards to the qualifications stipulated in the CA Election Observation Directives, 2070 for domestic observers, the required academic qualifications (for new observers) calling for a bachelor degree seems impractical. Considering the fact that election observation is a fundamental right of each citizen, and upholding gender and inclusive policy as regards to the selection of election observers is a requirement as stipulated in the Directive, it would be difficult to find observers who fulfill such educational requirement in all places, hence, it is essential that the provision be consistent with the CA Member Election Observation Directives of the year 2008.

2. As mentioned in the draft of the CA Member Election Observation Directives, 2070 deployment of observers to the election constituency of their permanent residence is prohibited, the provision would deprive observers from their right to vote and assigning them to other election constituencies would also be financially burdensome and impractical, it is thereby necessary that provisions should be changed accordingly. 3. As mentioned in the Directives, the requirement to observe at least 100 polling stations across the five developmental regions of the country is impractical, and in consideration of all the observer groups, it would be difficult to implement the provision. Observer groups should thereby have leverage to do qualitative observation concentrating on regions, districts, geographical terrains, and sectoral

10 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report issues instead of engaging in countrywide observation. Also, the EC could make an arrangement for the different observer groups to coordinate to devise a plan to deploy observers, keeping with their resources and capacity, would contribute towards covering all regions/districts.

4. The current policy of the GoN to register coalitions is lengthy. The program activities of most of these coalitions will end after the elections, so issues such as procedural administrative stability and continuity towards management of such coalitions would be totally impractical. Hence, considering all perspectives, it would be appropriate as mentioned in the draft of the Directives, to only submit the agreement (MoU) to work together among such organizations.

3. Election Administration and Management

An EMB is a single or a set of bodies designed to ensure that elections are held in a free, fair and credible manner. The general functions that are entrusted on the EMB includes preparing, updating and educating on voters’ role, supervising and monitoring of nomination of candidates and political campaigns, arrangements of polling stations, voting, counting and declaration of results taking necessary steps to ensure respect for fundamental electoral rights, as defined in international and national laws, thus requiring it to be politically neutral and nonpartisan. In a highly politicized environment, the EMB should remain A training workshop on Electoral Risk Management Tool (ERMT) for EC independent, politically neutral and nonpartisan. officials was held at IDEA’s headquarters in Stockholm, Sweden from 27-28 Furthermore, an independent and impartial EMB May 2013 to assist in the preparations for the elections by International IDEA. that functions transparently and professionally is internationally recognized as an effective means of ensuring that citizens are able to participate in a genuinely democratic electoral process. The EC of Nepal largely maintained the above components to retain its credibility and benchmarks of election management in terms of its independent and competent functioning. Among various other tools, the EC also used International IDEA’s Electoral Risk Management Tool (ERMT) to assess potential for election related violence, and for actions to be taken to mitigate these risks.8 The key objective of the workshop organized by International IDEA on ERMT targeting the EC officials was to give an understanding of the Tool’s use of knowledge resources andits management, use of analytical instruments, and operationalization of action points for the prevention and mitigation of election-related violence. The EC gained knowledge on the significance of the use of the Tool when International IDEA presented the Tool for the first time in 2012, following, which the EC articulated to utilize the same in the 2013 CA elections. The Electoral Support Project (ESP) supported the EC to strengthen the capacity of the EC to function as a permanent, independent, credible and professional institution of governance, operate activities throughout the electoral cycle to ensure key processes are conducted in an effective, sustainable and credible manner and increase democratic participation in the forthcoming cycle of elections and ensure an inclusive electoral process including under-represented groups, and vulnerable and traditionally marginalized communities.

Observation of Nepal’s Constituent Assembly Election-2013 | 11 Comprehensive Report The activities included supporting the strategic planning, staff retention and professional development, geographic information and electoral mapping systems, creation and display of new voter registration, procedures and training, election operations and logistics, EDR, electoral security, public outreach, civic and voter education, electoral education and information center, external relations and gender, social inclusion and vulnerable groups.9

ESTABLISHMENT OF EEIC

The Electoral Education and Information Center (EEIC) was established at the Election Commission Nepal. The EEIC is serving as a centre of excellence towards making the citizens fully aware about democracy, elections and good-governance. Nepal is privileged to have one such institution for imparting electoral education to the public, which is most essential for the deepening of democratic development. The modern Centre has been instituted within EC premises with the financial and technical assistance from AusAid and UNDP. The EC as planned adopted effective ways to impart electoral education to the public, improved policies and laws to make the electoral system more transparent and become a vibrant institution which would educate people about the evolution of democratic governance in Nepal. With EEIC’s technologically advanced facilities such as the mini-theatre, interactive area, mock election room, museum, e-library and space for research, training and public outreach, the Center organized activities that enabled interaction with a variety of electoral stakeholders on electoral issues and promote free and fair elections.

The ESP equipped the EC with a Geographical Information System (GIS) and its required hardware and software datasets. GIS based maps were produced and circulated and supported ECN in the mapping of 9824 polling locations (20,890 polling centers) spread across Nepal using Global Positioning System (GPS).10

Some of the major achievements of the ESP for 2013 election include 1100 electoral stakeholders being trained in 7 thematic areas including security, media, polling and counting, voter education, logistics and management, chief returning officers and returning officers, election observation. It assisted the EC to endorse its first Gender and Social Inclusion Policy on 23 September 2013. For the 2013 CA election, the project supported ECN’s operational and logistical preparations through the procurement of vehicles, paper and machinery for the printing of ballots, bags for polling and returning officers, and tonners for the printing of the voters list. The project also supported the establishment of the Joint Election Operation Center, Media and Observer Resource Center, and a Call Center.11

The monitoring of electoral violence in the past elections had been mainly carried out by observer groups and civil society organizations. Lack of systematic monitoring by the EC resulted in little or no data available on electoral violence in past elections. The introduction of ERMT in the Electoral Management Tool in Nepal aims to fill that gap 12.

8http://www.idea.int/asia_pacific/nepal/applying-the-electoral-risk-management-tool-to-nepals-elections.cfm 9http://www.undp.org/content/dam/nepal/docs/projects/UNDP_NP_ESP%20factsheet.pdf 10http://www.undp.org/content/nepal/en/home/operations/projects/democratic_governance/esp/ 11Ibid 12http://www.idea.int/asia_pacific/nepals-election-commission-to-use-ideas-electoral-risk-management-tool-in-upcoming-elections.cfm

12 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 4. Voter Education

Voter education (VE) is an important element in ensuring that citizens can exercise their electoral rights. The EC prepared an extensive voter education campaign, including television and radio broadcasts, leaflets and poster distribution, street theater and door-to-door campaigns by mobilizing volunteers. After initial delays in many districts, the campaign became increasingly visible. Learning from 2008 CA elections, the education campaign especially targeted those areas where the count of invalid votes was higher than six percent.

The EC produced VE materials in 24 languages broadcast through various local FM radio stations. Public and civic education challenges existed especially for first-time voters and non-literate communities. However, given the circumstance that the election date was slated only a few months before, did not grant enough time to convey the colossal volume of information required to fulfill the thirst behind holding the CA election which in every aspect is different from a normal parliamentary election. The EC thus, required massive support and coordination from various stakeholders like National Human Rights Commission (NHRC), prominent civil society and Community Based Groups (CBOs).

In this connection, NEOC also produced a number of electoral education related information, education and communication (IEC) materials to complement the EC efforts. Those included, docu-dramas, radio jingles, TV PSAs, campaign papers, observation passports, calendars, posters, brochures etc. Those materials were widely disseminated through both print and electronic media as well as through NEOC's regional and district chapters.

During the CA election, there were mixed reports from observers on the level of VE and voter awareness that preceded E-day. While some areas (such as Pokhara and Gorkha) had relatively high levels of voter awareness as the result of the distribution of pamphlets, CDs, radio jingles and public service announcements (PSA) in different languages, other areas (like Kapilabastu in the Western

Observation of Nepal’s Constituent Assembly Election-2013 | 13 Comprehensive Report Region) achieved voter awareness through the use of community radios by Village Development Committees (VDCs) and NGOs. However, rural areas of Kaski, for example, in the same region did not receive as much voter education.13

Despite the best efforts of the EC, civil society, and the media, there, however, remained significant confusion about the nature of the election, the most common problem being conflating the CA election with a parliamentary election. The mixed electoral system also did not appear to be well understood. These problems arose some of the in areas where voter education volunteers had already visited. Finally, it should be noted that the threat of violence adversely impacted voter education efforts in many areas of the country.

5. Poll Rejection An alliance of 33 political parties led by the Mohan Baidya faction of the CPN-Maoist spearheaded agitation against the polls from the moment of the 11 point agreement among major political parties, as well as the consequent formation of the Interim Election Government in March 2013. In the first formal meeting between the 33-party alliance and the High Level Political Committee (HLPC, constituted on March 16, 2013) on August 6, 2013, the 33-party alliance presented its 18-point demand chart, which also included dissolution of chief justic led government.

The opposition parties started a door-to-door campaign in all 240 electoral constituencies. They, time and again, reiterated that dissolution of the current Interim Election Government under CJ was a prerequisite for any progress. Several overtures were formulated by the major parties and the Government to bring the opposing parties on board. Talks, however, failed to begin because of the refusal of the opposing alliance to cooperate.

The 19 November election remained largely peaceful with over 78% voting turnout despite sporadic incidences including implantation of several explosive devices prior to the E- day. Although in the assessment of the government, security personnel, national and international observer groups and general public, the CA Election -2070 was accomplished in a free, fair and peaceful manner, a section of political parties and few candidates, especially UCPN Maoist expressed their contention on its fairness asking the ECN to review the entire electoral process. They even threatened to boycott parliament if vote counting continues and termed the election as rigged. They carried out several press meets and demonstrations to show their contention, however, the EC took a form stand informing that all the political parties have equal right to put forward their contentions but only by following the due procedure, and continued the vote count.

Similarly, various major though smaller parties were against the idea of the proportional representation (PR) system. The election was held according to the first-past-the-post (FPTP) electoral system for 240 seats, and the rest was to be decided on the basis of proportional representation. There was proportional voting for 335 seats and the remaining 26 members are to be nominated by the Cabinet on the basis of national consensus.

The breakaway Maoist group had warned and called for an “active boycott” of voting demanding an all-party roundtable conference to work out Nepal’s future. Taking the security of the voters into consideration, the government deployed the army for the first time since a peace agreement in 2007.

13 http://anfrel.org/wp-content/uploads/2013/11/Nepal-Interim-Report.pdf

14 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report The Maoist boycotters ran a campaign to intimidate voters using improvised devices also managed to bring transport to a halt in most parts of the country during ten days prior to the election. A lorry driver died from a petrol bomb attack. A child lost his hand when he tried to open an abandoned bag laden with explosives. The success of the election was a sign of victory over the appalling intentions of the agitating and boycotting parties.

Compared to 2008 CA elections, the voter list has been shorten by nearly five million. Part of this lower registration was apparently due to introduction of more scientific registration system (EC has started the semi-biometric voter registration for the first time in Nepal, since 2010) What the boycott failed to do was to stop the elections altogether. This was certainly a goal of the Maoists and they did not achieve it, but it was also an important method for them to assess the spread of support and influence they have in the country. The poll buycuttists probably thought that if the elections were stopped, they could expect a quicker path to revolution, and if they did not, they could expect a more protracted approach. In other words the boycott was probably a tactic in a developing and shifting strategy.

Reality proved otherwise. Enthusiastic voting continued all day on November 19th. By the evening, an ebullient Chief Election Commissioner declared that the results had set a new record. Politicians, including the UCPN-M, as well as both domestic and international were quick to send out congratulatory messages.14

14 http://basicsnews.ca/2013/12/elections-in-nepal-and-questions-for-peoples struggles/#sthash.8Y9MmFtz.dpuf

Observation of Nepal’s Constituent Assembly Election-2013 | 15 Comprehensive Report

Chapter 2 ELECTORAL CYCLE & NEOC OBSERVATION

1. Pre-Election Setting

1.1 Voter Registration (VR) A comprehensive and inclusive VR process is key to ensuring universal suffrage and the enjoyment of the fundamental right to vote and to be elected. VR reform was the priority recommendation of NEOC and other observation organizations following the 2008 CA election, due to the widespread lack of confidence in the accuracy of the voter rolls. Thus, in the face of advancing information and communication technology (ICT) and emerging challenges, the EC took a bold decision and addressed the problem by replacing the current VR with a three-phase computerized biometric data registration process, which in addition to personal information included a photograph and fingerprint of the individual. This drive successfully registered 12,147,865 voters (i.e., citizens 18 years and older) nationwide although the initial goal was to register 14.7 million voters from an estimated 16 million potentially eligible voters based on the 2011 census.

Although Nepal’s international obligations require it to effectively facilitate VR and for barriers to registrations be removed, a continuously pressing and sensitive issue for VR has been proof of eligibility. According to the SC rule in 2011, only the citizenship certificate could validate one as a citizen and an eligible voter, preventing non-Nepali citizens from registering, and also making it difficult for citizens who lacked the documents needed to obtain a citizenship certificate, particularly among historically marginalized communities, married women, and the landless. To improve access to this document in line with the SC’s decision, the authorities sent mobile distribution teams in each district amending the law to allow children of naturalized citizens to obtain citizenship and those registered in the 2008 election to be included on the voter rolls for the 2013 election without a citizenship certificate. Although the EC made provisions for out of district migrants to register, it faced limited effectiveness as district registrants could only vote by going to the polling center at which they are on the voter roll. There however is no provision for out-of-country registration or voting, although 3,000,000 or more Nepalis are estimated to work abroad.

NEOC monitored the registration process aiming to enhance voters’ confidence in the electoral processes particularly in the compilation of a new voters' registration for the upcoming elections. In addition, the observation of VR was intended to support the EC in the new registration exercise. The futile constitution-making process created an air of discouragement, adversely impacting the VR process.

At various levels, the necessity of institutional re-engineering (strategic planning and organizational development) along with the need to use a holistic approach suitably domesticated and harnessed in local conditions, to the application of technology in the management of elections by the EC was apparent during the process. This may even include operational responsibilities such as boundary delimitation; voter registration; voter and civic education; staff training; campaign monitoring; balloting; vote count and results announcement; and even stakeholder liaison and public outreach.

The EC's effort to raise adequate knowledge and information amongst the voters on VR with Photograph was not up to the mark as in the beginning, eligible voters failed to realize the significance of the VR process which was rectified as the process advanced. Minor issues/technical errors were reported while the volume of applications concerning objection was close to nil. Accessibility to citizenship

16 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report certificates remained a politically controversial and sensitive issue presenting a particular challenge to the VR process, so is the issue of inclusion of young citizens, women, traditional marginalized communities, people with disabilities, sexual minorities, the rural population and so on.

A database desk operated by trained staff in each VDC and municipality could assist in periodically maintaining, managing, updating and editing information ensuring accuracy. The guidelines and procedure for claims and objection must be clearly spelt out. The announcement of the notice, as in the location of the pasted notice and the timeline and procedure of protest must be announced in the local newspapers and other appropriate media within a reasonable time.

The Final Voters’ List, as announced by the ECN, includes 12,147,865 voters capturing an estimated figure of around 75 per cent of the potential Nepalese electorate who would be receiving the voter Identity Cards. Far from this fact, in reality the process of obtaining the voter ID Card was a tedious process for the voters. This time, the distribution management of ID cards was not found systematic.

Claims and Objection The EC commenced the nationwide VR process for the first time in September 2010. Initiated in mid- April 2012, the ‘claims and objection’ process was scheduled to continue till the end of May 2012. The EC aimed to have the updated final list of voters by July 2012, however the final process was elongated till a year after. In order to register missed voters, the EC continued the ‘voter registration’ and ‘out of district registration’ process in all 75 District Election Offices.

There have been some complaints of electoral rolls not being up-to-date. Despite the efforts to ensure that all eligible voters are included, there were instances of omission. The legislation provides voters with sufficient time to check the accuracy of their registrations, however the practice of publishing names is largely centered in the district headquarters only, which may be inaccessible for those who live in remote areas. The publication of voter lists is confined to paper only. Due to the lack of effective VE program, a large number of the population remained unaware about the publication of voter lists. Consequently, some voters realized that their names are not on the electoral roll on the particular E-day only.

After completing the first round of nationwide voter registration process, the EC displayed the preliminary list of voters in 75 districts, Village Development Committees (VDCs) and ward offices for ‘claims and objections’ which is an opportunity for voters to verify their information, get it corrected and also report any objection to the list. The displayed preliminary list contained information of all the people who were deemed eligible voters during the earlier registration process. In parallel to the display process, the EC also deployed mobile registration teams for 2-5 days each in all VDCs and ward offices to register citizens 16 years and above who have missed out on the registration process earlier, who have not been previously registered due to under-age factors or due to being out of their respective districts or even out of country.

The adoption of the modern biometric registration process and development of a voter list database with photograph and fingerprints supported clear identification of voters on the E-day, deterrence of false voting, ability to detect and remove duplicate registrations and locate internal migration of voters between locations.16

16 http://www.undp.org/content/dam/nepal/docs/newsletters/UNDP_NP_newsletter 64 Apr 12.pdf

Observation of Nepal’s Constituent Assembly Election-2013 | 17 Comprehensive Report 1.2 Legal framework and electoral systems

Major Election Related Laws and Regulations A sound legal electoral framework 1. Election to Members of the Constituent Assembly Act, 2064 is essential for the effective An Act Made to Provide for the Election to the Members of the administration of democratic Constituent Assembly elections that adhere to national 2. Regulation to the Election of Members of Constituent Assembly law and international obligations. In exercise of the powers conferred by Section 74 of the Election to The legal electoral framework has Members of the Constituent Assembly Act, 2064 (2007), the Election its base in the Interim Constitution Commission has framed the following rules. of 2007 and several separate laws. 3. Election Commission Act, 2063 In addition, the EC issued a number A Bill Made to Amend and Consolidate Laws relating to Functions, of directives, rules, and codes of Duties and Powers of the Election Commission. Certification date: conduct to regulate the process. 2063/12/12 (March 26, 2007). An Act No. 1 of the Year 2063 (2007) The Interim Constitution, which enacted by the Legislative-Parliament. originally foresaw only one CA 4. Political Party Registration Rules, 2063 election, was modified by a March In exercise of the power conferred by Section 44 of the Election 2013 presidential order so as to Commission Act, 2063(2007), the Election Commission has framed the following Rules. remove legal barriers to holding a 5. Electoral Roll Act, 2063 new election, at that time planned The Act Relating to Electoral Rolls, 2063 (2006). Date of for June 2013. These issues were Certification: 2063.9.14 (Dec 29, 2006) mostly related to institutional 6. Electoral Roll Rules, 2063 aspects of the political crisis, voter The Rules Relating to Electoral Rolls, 2063 (2007). In exercise of the eligibility, and updating electoral powers conferred by Section 44 of the Act Relating to Electoral Rolls, provisions. Apart from these 2063 (2007), the Election Commission has framed the following changes, the legal framework for Rules. the 2013 CA election is similar to 7. Election (Offence and Punishment) Act, 2063 that of 2008, with a few significant The Act Made to Amend and Consolidate Prevailing Laws relating to changes in candidate registration Election Offences and Punishment. Certification date: 2063/12/12 and election observation. (March 26, 2007)

Under international standards for democratic elections, voters must be able to freely choose their representatives, and the electoral system must therefore enable them to do so. This CA election is conducted under the same mixed system that was in place for the 2008 election: 240 seats elected in first-past-the-post races; 335 seats elected through proportional representation in a single nationwide constituency; and 26 seats selected post-E-day by the council of ministers. Although the mixed electoral system in Nepal is in principle sound, the legal provision for political parties to choose, after the determination of results, which candidates will receive proportional representation mandates limits the right of voters to freely choose their representatives, since voters do not know at the time of voting which candidates will be selected by the parties. Similarly, the provision for 26 members to Election of the Members of the CA Ordinance (2013), EC Act, Electoral Roll Act, CA Court Act, Election Offenses and Punishment Act, Citizenship Act, Political Parties Act be selected by the government after the election undermines the basic right of representation. The stated purpose of the appointment of 26 CA members is to include “prominent persons who have rendered outstanding contributions to national life, and the indigenous peoples which could not be represented through the elections…” The legal framework defines all major aspects of the election process and for the most part provides for the freedoms of association, assembly, expression, and movement necessary for genuine elections.

18 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report However, the considerable number of laws, rules, and directives makes the legal framework at times difficult to understand for candidates, voters, election officials, and observers, and there are repetitions, conflicts, and occasional gaps in the legal provisions. The delimitation of FPTP constituencies was affected by conflicting constitutional provisions, and despite the new population data gathered in the 2011 census; constituency boundaries remain unchanged since 2008 and followed the same pattern in 2013 elections as well. Additional legal issues that should be reviewed in the future are overly restrictive campaign rules, unclear complaints and appeals mechanisms, observer rights, campaign finance, and gaps in the E-day rules. The CoC for political parties, candidates, government, media, and NGOs is positive overall, in that it sets clear ground rules for participants. For instance, several articles deal with the prevention of abuse of state resources during the campaign, including interference by officials. In some aspects, however, the CoC is overly restrictive, including a ban on opinion polls during the campaign period, a prohibition of banners and clothing with campaign logos, and requirements that election materials (pamphlets, flags, etc) be of a specific format. Such provisions are at variance with Nepal’s international obligation to restrict freedom of expression only when strictly necessary. Moreover, the inclusion of unnecessary restrictions made the CoC difficult to enforce and may therefore have weakened respect for more important provisions. Although the CoC sets limits on campaign spending, the legislation has comparatively few provisions on campaign finance. It does not specify the permitted source of funds or require the sources of funding to be declared. All candidates must file postelection spending statements with the EC, but the EC does only a formal check of these documents and does not audit them or make them public. Regrettably, new draft provisions in the CoC to strengthen campaign finance regulations by obliging all candidates to disclose the sources of campaign funding were dropped from the final version. The observers reported hearing from numerous stakeholders that spending limits were unrealistically low, and some candidates indicated that they were spending much more than the permitted limits. The EC decided relatively late in the process to proceed with a plan to print and distribute 12.1 million voter ID cards with photographs by E-day. NEOC observers noted widespread concerns about delays in voter ID card distribution among local election officials, and concerns about the potential for abuse of the cards if distribution was not strictly controlled. Distribution of the cards did not begin until Nov. 14, and the EC gave conflicting messages as to how they would be distributed and whether they would be distributed on E-day, leading to public uncertainty on this issue. In most cases, political parties at district level were satisfied with pre-E-day preparations, with distribution of voter ID cards being a notable exception. Elections and the electoral systems they use are the only means in which people mandate political parties or individuals to exercise the sovereign power vested upon them. Furthermore, the electoral system marks an important link to assert the constitutional and political legitimacy in the country. The FPTP system acts against the representation of smaller parties. One implausible consequence of this system for Nepal is that political parties have more preference for pooling seats rather than pooling votes. One paradox of Nepal's electoral system, however, is this: the plurality system works best where there are only two dominant parties crystallized on the basis of class and party–competition basically represents a democratic version of class struggle. Nepali political parties can be conveniently labeled as "catch-all" parties originated from a political movement. In multi-party politics proportional representation is the best as it guarantees minority representation. However, it would most likely produce legislative fragmentation and weak, unstable and often shifting coalition governments. The segmented political culture of Nepal has so far served as both cause and consequence of political instability.

Observation of Nepal’s Constituent Assembly Election-2013 | 19 Comprehensive Report 1.3 Constituency Delimitation

The division of constituencies ensures a broader geographic and inclusive representation in the assembly/government. A smaller and geographically defined constituency furnishes the voters with liability and accountability of the elected representatives in the delineated constituency. The demarcation on electoral constituencies allows more direct and relevant interventions from the state at the grass-root level through these regional and constituency services. Since Nepal’s CA elections are designed to use the mixed electoral system (employing both PR and FPTP systems), the delimitation would lessen the burden of the election ballots, as it would be directed to the respective constituency/ regional headquarters for counting. The alteration on the other hand could be disadvantageous politically.

On 16 April 2013, the SC told the government to form the Election Constituency Delimitation Commission (ECDC), which was eventually formed on June 13 to rework the electoral constituencies to hold CA elections. Keeping in mind the provision of Article 154 (A) of the Interim Constitution, which requires the ECDC to determine every district as an election district, based on the latest census as per Article 63(3)(A) of the Constitution, Justice Girish Chandra Lal issued the order.

However after pressing requests from the chairman of CDC for added time to come up with a report, the government extended the commission's deadline by 10 days on July 25. Of the major suggestions made, the commission to delimit constituencies in 25 districts based on the population ratio recommended the government and the major parties to go for a constitutional amendment, implying that a few constituencies may have to be added in some districts. Yet no action could be exercised as the then circumstances restricted any alteration to the constituencies under the existing constitutional provisions and the provisions could not be amended without disrupting the process of CA elections leaving no option but to go with the existing number (240) of constituencies. The CDC submitted the report yet it was not acted upon since it required amending constitutional provisions against which was the high-level political committee saying the amendment would lead to more complications, particularly in view of the possibility of the poll-opposing parties seeking one concession or the other through similar changes in the constitution.17

1.4 Political Party Registration The effective implementation of the right to stand for elective office ensures that voters have a free choice of candidates. For this reason, any conditions placed on political party and candidate registration processes should be reasonable and non-discriminatory. The two-month long election program started from September 23. Political parties filed nominations under the proportional electoral system on September 23 while the EC published the name list of political parties on September 24. As per the election program, political parties that wanted to withdraw nominations can do so on September 25 and the EC published the final lists of parties and allocated them election symbols on September 26. There were signature requirements for parties that were not represented in the previous CA elections and monetary deposits required for first-past-the-post (FPTP) candidates.

17http://www.nepalnews.com/archive/2013/jul/jul25/news19.php

20 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 10,709 candidates from 122 parties were registered on PR for the 2013 CA elections. For various reasons as under-age (below 25 years), no enrollment in the voters’ list, or dual name registry in two or more parties, the EC rejected candidacies of around 20 under FPTP and around 300 under the PR list. Witnessing few delays and impediments, the registration process was ultimately successfully conducted nationwide. Nonetheless, the proportional representation lists were only finalized five days prior to E- Day, leaving voters little time to become familiar with them.

The EC registered 23 more parties for the CA polls. The constitutional body also allocated election symbols to these parties. The number of registered political parties reached 122. The EC provided time for claim and objections regarding qualification of nominated candidates from October 18 to 24 while it would probe claim and objections and take decisions on them from October 25 to 31.

1.5 Participation and Inclusion

In democracy, the state must ensure equal opportunity for all citizens to participate in any public affairs taking positive measures to end all sorts of discrimination in practice. This applies to all persons, but there are additional specific international obligations regarding the rights of women and indigenous groups. In the 2006 CPA, Nepal’s political leadership committed to end all kinds of discriminations including those based on gender, ethnicity, and region through an inclusive, democratic and forward- looking restructuring of the state, a commitment that was reiterated in the Interim Constitution.

In this context, the legal minimum representation quotas for women, members of indigenous groups and others are a positive step towards promoting inclusiveness of political representation. Positively, the CoC includes gender issues, such as the requirement for campaigning to be sensitive to gender and to people with disabilities and a prohibition of speech that would promote hatred or violence on the basis of gender. i. Gender Inclusion The proportional representation of all classes, regions, genders and communities in the entire activities of a democratic election process is expected. In keeping with it, the EC has made public the ‘Gender and Inclusive Policy 2070 (2013)’ with an objective of ensuring the proportional and inclusive representation of the citizens in all state structures through election. The EC has managed 80 election centers in 41 districts where women have been deployed to conduct polls. At least one center in every district will be under the leadership of a woman.

Our observers noted that the EC made efforts to be gender friendly by attempting to implement the policy, which is the outcome of two years of rigorous endeavor. It has also been known that the EC is one of the gender-friendly commissions compared to several other EMBs. Further, 1.6 percent more women compared to men reported to have got their voter’s ID cards made. The EC also called for cooperation of the government, political parties and their sister organizations in their efforts keeping in mind that according to the census of 2011 the population of female is 51.50 percent and male is 48.50 percent. Gender inclusion is an issue of concern since even most of the leading political parties have the least number of women representation in their Election Manifesto Preparation Committee for example; the UCPN-M has zero representation, a token representation in NC and likewise. This indicates that the CA elections were quite gender unfriendly among political parties. In totality, the representation of women in the Election Manifesto Preparation Committee and Candidate Selection Committee of the three major political parties has been observed to be extremely minimal.

Observation of Nepal’s Constituent Assembly Election-2013 | 21 Comprehensive Report Initially the EC planned to depute 50 percent women staff depending on the availability of human resources. Similarly, the EC made provision for according priority to visually impaired, people with disabilities, elderly, pregnant women and lactating mothers while tendering their votes. Our observers also noted along with confirmation from various other observer groups, the EC made a provision of having the Women Development Officer (WDO) of the respective district as a member of the District Coordination Committee while carrying out VE. Likewise, a woman from among the active women’s groups was provisioned to represent in the Local Coordination Committee as its member. Furthermore, while selecting the volunteers for voters’ education, priority was given to female community health volunteers or female teachers of pre-primary schools who have at least passed the School Leaving Certificate (S.L.C.) examinations in the aim to achieve at least 50 percent female volunteers in each district. The EC’s efforts can also be found in the election CoC which required all concerned including the observation groups to be gender- and disability-sensitive while carrying out publicity, and not to hurt the self esteem and assassinate the character of women and people with disabilities. It is noteworthy that to demystify that in the parliamentary election held in 2048 (1992), the local elites of Parsadewad and Gaidabhetpur VDCs of Mahottari District decided not to allow women to vote and the local press largely covered this. A women’s rights activist affiliated with NEOC visited the places with an objective of creating an environment so that the local women could cast their ballots. Challenging the decision of the local conservative elites, she also provided training and voter’s education to the women and a few (12) of them courageously voted. Ironically, the number of such voters could not increase in those places even during the first CA elections in 2008.18 As the election program came out, representatives from various women’s organizations, including the Inter Party Women Network (IPWN), had pressed the top leaders of political parties to ensure at least 33 per cent representation of women in the to-be-elected CA. After failing to pursue their cause in their own party, women leaders met the coordinator of High Level Political Committee (HLPC) and UPCN (Maoist) Chairman Pushpa Kamal Dahal and top leaders from member parties of the HLPC: UCPN (Maoist), Nepali Congress (NC), CPN-UML and United Madhesi Democratic Front (UDMF). They also submitted their demands. At a time when the big four parties were making efforts to reduce the number of women, the women rights groups stepped up their campaign. As per the electoral laws, it is certain that the representation of women in the new CA would be reduced to 23 percent. The previous CA had ensured 33 percent female representation. Leaders promised not to reduce female representation. The finalized decision said there are no reserved seats for women; however, Article 7 of the CA Ordinance-2013 mandates that in making nominations, each party must ensure “the number of women candidates must be at least one third of the total number comprising the number of women candidates to be fielded under the proportional electoral system added to the number of women candidates to be fielded under the first-past-the-post electoral system.”19

18 http://www.myrepublica.com/portal/printable_news.php?news_id=64588 19 http://www.ifes.org/~/media/Files/Publications/White%20PaperReport/2013/FAQ%20Nepal_Final2.pdf

22 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report The chart shows the overall representation of women candidates in percentage, both in PR and FPTP. However, few political parties took steps to promote inclusiveness on their own initiative. Only 667 of the 6128 FPTP candidates were women (10.8 percent), and some women were reportedly assigned constituencies with a low likelihood of victory. The EC sent a high number of proportional representation lists back to parties for correction, in part as they did not conform to the social inclusion criteria.

While women were well represented among voter education volunteers, observers noted that district election offices had few female staff and typically only in junior positions. Although there is an EC policy confirming polling staff to be gender inclusive, no specific targets were set. On E-day, observers found that 35 percent of polling staff in polling centers visited were women.

The situation with regards to participation of minorities, indigenous and historically disadvantaged groups in the electoral process is more complex. In a number of districts where a particular indigenous group is numerically strong, such as Gurung in Lamjung, Thakali in Manang, and Limbu in Taplejung, observers found them to be well-represented among FPTP candidates. Conversely, NEOC noted that Dalit representation among FPTP candidates was low in most districts visited by long-term observers.

In this election, 5,291 out of 10,709 candidates in the PR system are women, which accounts to 49.41 per cent. Of which 1,752 are Madhesi, 508 Dalit, 629 Janajati, 1829 Khas Arya and 76 from deprived regions. However, only 667 women are in the fray for FPTP system out of 6,128 candidates, which accounts for only 11 per cent. Overall, 35.39 per cent women candidates are participating. In sum, in the 66 years old election history of Nepal, some efforts were made for equal participation of genders. However, the spirit of gender inclusion was not found up to the mark. ii. People with Disabilities The political participation of the persons with disabilities (PWDs) in Nepal is relatively low while different minorities groups are demanding to ensure their rights in the new constitution. The National Federation of the Disabled Nepal (NFDN), which is a leading organization for advocacy to establish the rights of PWDs in Nepal in collaboration with of International Foundation for Electoral Systems, Nepal (IFES-Nepal) NFDN launched a program Monitoring Access of persons with disabilities in the 2013 CA Election of Nepal to observe the accessibility of PWDs.

According to the findings of the observation/monitoring access programme, it was recorded that in a peaceful polling day, the PWDs also casted their votes in peaceful environment. It was noteworthy that the officials, volunteers, and security personnel in the polling locations showed respectful disability friendly behavior with a high priority to ensure the PWDs could cast their votes with ease. There still existed locations, which were not as disability friendly with poor management restricting the access of the PWDs like narrow places with blocked roads, not safe in terms of accessibility.

The polling officers, although were quite aware about disabled voters did not have any specific information on how many disabled people were eligible voters and coming to cast their votes. The vote counting places were found to be not disability friendly as lack of ramps disallowed easy accessibility to the locations. Those observers requiring assistance like sign language interpreters were not given access inside the polling location. In some places, polling officers rejected the requests of disabled observers to enter the location with their assistance.

Observation of Nepal’s Constituent Assembly Election-2013 | 23 Comprehensive Report iii. Use of Children The Election CoC 2070, Article no-10, 32 and 35 strictly prohibits the use of children and schools for political purposes during elections. The National Human Rights Commission (NHRC) and United Nations Children's Fund (UNICEF) had stated that they would strictly monitor the use of children in election-related publicity works for the CA elections. In the past election of 2008, children were found being used by political parties in election campaigns against the CoC. Additionally, Nepal has signed and ratified the International Child Rights Convention, 1989. At the national level the 'Child Rights Act, 2049 BS' and 'Child Rights Regulations, 2051 BS' of Nepal also prohibit the use of children in election.

The second CA election held on 19 November 2013, was generally considered to be peaceful. But if referred to the context of child rights the results are ironical according to the findings of Child Workers in Nepal Concern Centre (CWIN). Breaching the election CoC the political parties were found using children in election rallies and mass meetings.

Terrorism surrounded that which was supposed to be a peaceful electoral environment for the children. The death of a 17 year old boy (Rakesh Yadav) in a petrol bomb attack on the bus in Basemadi and around 12 injured in the series of multiple bomb explosions and attacks in different places at different dates are just a few examples.

Despite various urges and apprising to the political parties and campaigners, the Central Child Welfare Board (CCWB) in its 'Child Rights Monitoring in CA Election 2070' report found that 6,392 children were used for political purposes during the election campaign.

CWIN and NEOC’s observer found in different parts the use of children by different political parties violating the election's code in the publicity of their respective political parties. In Dang, children were found pasting posters of political parties and their candidates for the election while in Morang children were found being used extensively in one of the political mass meeting for election. Similarly, children were used in Kathmandu, Makwanpur and Pokhara districts in distributing pamphlets and brochures, participating in rallies and door-to-door publicity campaigns of the political parties. However, while interrogating with election candidates, most of them were aware of the fact that children should not be used during election for their publicity campaign.

According to CCWB prior to the elections an 8-year-old boy was injured in a bomb explosion at the election gathering of the CPN-UML, Khokling in Taplejung. While another 15-year-old got injured in the clash that took place between YCL and Tarun Dal. Tarun Dal, youth wings of the NC, allegedly used the child for the electioneering campaign of the party. Shocking the nation again, inside the capital city in Bhotebahal another explosion took place seriously injuring another 8-year-old boy on the E-day.

24 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Asserting that the schools have already been declared as 'Zones of Peace', the NHRC and UNICEF time and again urged the political parties to not organize any political programs in the school areas.20 However, this could not stop the visibility of walls of some schools filled with posters of political slogans. Ironically, not only those participating in the elections but also those opposing the same breached the CoC by calling a 10 day strike hampering their attendance in school. On the other hand the 10-day-long government holiday called for election, students were again not able to attend school.

The committee found that around 3,000 children were used for rallies, 3,000 for general meetings, while others were used as labor for electioneering, e.g to carry party’s flag, speaker, pasting posters and pamphlets and as artists. Few political parties were found using children as an information carrier (suchana bahak) and volunteers for electioneering campaign.

On the day of election, infants were found being misused (using one infant turn by turn to get quick access for casting their votes without standing in a queue) by women at Agriculture Development Training Centre of Banke district and Karaiya Dewasthal, Tanki Sinwari-3 of Morang district based election centres. In some election centres of Rukum, some children were found helping the elderly citizens to cast their votes. In one of the election centre in Bhaktapur, children were used for serving drinking water to elderly citizens and cleaning the polling centers. However, as compared to the first CA poll the child rights violation was found to have declined in this election. 21

1.6 Election Campaign A genuinely democratic election is also marked by the campaign period allowing the parties and the candidates to exercise their rights such as freedom of expression, freedom of association, freedom of movement, security of the person, and access to information, which are and should be respected and upheld by all stakeholders. In 2008, Nepal witnessed acts of electoral violence, intimidation, and booth capturing.

Child Rights Monitoring in Election

Central Child Welfare Board (CCWB) released a report of child rights monitoring in constituent assembly (CA) Election 2070 on 9 January 2014 in Kathmandu.

Hon. Minister, Ministry of Women, Children and Social Welfare, Ms. Riddhi Baba Pradhan was the chief guest of the programme. From political parties, Bamdeve Gautam, representative CPN-UML, Ram Sharan Mahat, Nepali Congress, Keshab Nepal, UCPN Maoist, Jeetendra Dev, Madhesi Janadhikar Forum–Lokatantrik (MJF-L) participated as guest speakers in the Programme. Similarly Hanna Singer, Representative, Unicef Nepal, Bir Bahadur Rai, Spokesperson of Election Commission also participated as guest in the programme.

The program started with the presentation of Mr. Tarak Dhital, Executive Director of CCWB. He presented the general introduction of the report along with its objectives, methodology, limitation, recommendations and conclusion of the report. The report showed the fact that, among the monitored cases, Nepali congress uses the maximum percentage (36%) of children, CPN UML and UCP-N Maoist follow and use 34 and 20 percent respectively. Similarly other parties uses around 10 percentage of children during election processes.

Government agencies, non-government organizations, civil society members, media, journalists, election monitoring agencies participated in the programme.

Source: http://www.ccwb.gov.np/news/view/106/Child-Rights-Monitoring-in-Election-Report-Released

20http://www.nepalnews.com/mobile/view_article.php?id=25228 21http://trn.gorkhapatraonline.com/index.php/nation/5401-parties-found-using-children-in-rallies,-violating-poll-code.html

Observation of Nepal’s Constituent Assembly Election-2013 | 25 Comprehensive Report The poll-opposing parties obstructed the VR in March 2013. More recently, the boycotting parties launched a full-fledged strategy creating a sense of terror and series of violent attacks including explosive devices to disrupt the campaign events. Calling a 10-day strike prior to the E-day was one of the major resilient activities of the anti-election parties.

The election campaignscarried out by the parties were successful where the parties reached out to the potential voters freely to convey their messages and agendas despite occasional clashes among competing political parties. Similarly, in areas where problems were reported in 2008 elections, the campaign environment remained comparatively calm and notably improved.

The political parties practiced various tactics for campaigning including door-to-door canvassing, rallies (motorcycle/vehicle), leaflet dissemination, media advertisement and others. While UCPN (Maoist) conducted nationwide campaigns such as Mechi - Mahakali National Awareness campaign, others organized mass assemblies at various locations of their respective election constituencies.

In all locations where NEOC observers were present, they reported that political parties and independent candidates initiated vigorous, non-violent and sustained campaigns once the official campaign period commenced. Campaigning continued in most places until midnight on November 16 when the campaign period officially ended.

Although elements of uncertainty and violence remained in place till the end of the cooling hour, NEOC observers did not find evidence that this significantly inhibited the ability of parties to carry out campaigns during this period, nor did observers find that the military, which remained deployed across the country until well after E-day, interfered with campaigns. Even before the official campaign period began, many of the candidates undertook campaign-like activities, such as door-to- door techniques, and “unofficial” indoor political meetings attended by supporters in private homes, restaurants or tea stalls. Campaigning was generally peaceful, though less so as E-day drew closer. In addition to vigorous schedules of campaign rallies and other forms of political outreach, parties and their candidates also carried out substantial get-out-the-vote efforts. A majority of the parties issued lengthy manifestos focusing on issues of concern to the general public.

1.6.1 Campaign Financing As essential is principle of free and competitive market in any community so is system of free and competitive elections in any democratic country. In Nepal, respecting the rights of voters to information, the political parties and contestants should practice transparency in their financial flow while campaigning. The country, even after almost eight years of cease fire, is still undergoing a post- conflict and democratic transition. The electorate desperately needs political stability especially after the massive failure of CA in 2012. In this context, the duty of the political parties and contestants, especially those who are new and unknown to the electorate, should apply legitimate measures to make themselves known to the voters including transparency and accountability in all the activities, especially the financial flow.

The vulnerable population, which in this case are the financially challenged, are the most exploited during campaigns who are also the ones receiving bribes and selling their votes. The altered forms of cash/money flow exist which may also include among others employing assailants to create psychological threat to the voters and supporters of opposition parties, however escaping the prism of monitoring.

26 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report The EC allowed a candidate under the FPTP system to spend up to Rs 1 million, while a PR candidate can spend Rs 75,000 for campaigning. However, due to loose monitoring measures, the EC requires the candidates only to submit a statement of expenditure after the election. Although a draft of the CoC2013 had included provisions requiring political parties to disclose their sources of funding, and to ensure that campaign contributions in excess of NPR 25,000 were made through a bank, the campaigners did not adopt this mechanism to allow transparency to their financial status.

1.7 Code of Conduct

According to the CoC for parties and candidates issued by the EC, the candidates/parties are strictly prohibited to use luxury items like chartered helicopters and planes for election campaigning. Accordingly, the EC also banned parties/candidates campaigning of putting up banners, billboards, using loud speakers, wall/face painting, use of any insulting or contemptuous language, charter assassination or intimidation through any source. The CoC allowed the campaigners to use monochromic posters with a specific size (180 sq. inches). Any party or candidate found guilty of attempting violation of the CoC, was provisioned to be fined up to 100,000 Rupees in accordance with section 29 of the EC act. Additionally it also includes detailed information on provisions made for the use of campaign posters, leaflets and handbills; restrictions against the use of motor vehicles, requirements for permits and police notification of public rallies and processions; and restrictions against incitement to violence or other activities that might obstruct the campaigns of other parties or candidates.

Various government bodies and security forces assisted the EC in its best efforts to ensure free, fair, credible and transparent elections. In a majority of the districts the district election offices assigned an observation officer to monitor political parties’ activities, particularly violation of the CoC.

Although NEOC observers noted that a majority of the political parties abided by the EC CoC, in certain places and by few party agents and cadres were found have violated the certain provisions of CoC. For example, in the rural villages of Taplejung, if not in the urban and market areas of the district, the political party followers were found going against the CoC by using enlarged posters, varied colors and shapes of party flags, emblems, wall paintings etc. Even though there were no written complaints filed, the EC officials undertook required actions to bring down any campaign materials that was published or used against the defined criteria of the CoC.

As campaigning intensified, reports of violations of the CoC increased across the country. Most of these concerned minor infractions, but also included the unauthorized use of vehicles for campaigning, use of school premises for campaign activities, and the use of helicopters without seeking authorization from the EC. As of Nov. 17, the EC had also recorded 21 cases of cash or in kind incentives being offered to voters. To investigate violations, the EC dispatched monitoring teams to all five regions. In a few isolated cases, violations were noted of the legal silence period in the field.

Although the EC was generally accepted by almost everyone, there were concerns expressed about possible bias by some other government officials at different levels. For example, in Nawalparasi, Kapilabastu, Palpa and Syangja, there were concerns with certain actions of CDOs, especially regarding their responses to complaints of election CoC violations. People in these electoral districts indicated the District Election Officer (DEO) had more credibility in terms of neutrality in decision- making and resolution of complaints than the local CDO's. Few complaints of CoC violations have been officially registered with the ECN either at the district level or at the national headquarters.

Observation of Nepal’s Constituent Assembly Election-2013 | 27 Comprehensive Report Most complaints have been in the form of allegations made over the phone, and ECN officials have responded by using ‘mediation’ as ‘a useful tool’ to address such complaints. The approach of the ECN has been to investigate and then, depending on the seriousness and veracity of the complaints, strike a compromise between the complainant and the accused. So far, the ECN's approach has worked well and a number of complaints have been resolved amicably.

1.8 Media Monitoring

Several provisions of the EC’s CoC regulates the activities of mass media over the course of the electoral cycle, and to monitor its adherence the EC established a separate media monitoring center while NEOC did not conduct comprehensive media monitoring. The elections were indeed fair since the playing field was level for all competing parties. Parties involved in the elections hadequal access to the radio stations as evidenced by the frequent campaign messages. No political party had a monopoly of the radio stations. The TV stations afforded the participating parties an opportunity to sell their ideas to the electorate prior to the election. Though polarized, the print media were awash with stories from the rival political parties in the pre and post election period. In this regard, the fairness of the elections to all political parties is not in doubt.

The print and broadcast media gave extensive coverage to political campaigns at both the national and local level. The CoC was fairly observed along with self-censorship. The overall impression of media coverage before, during and after E-day was that it was often reliable. Often the stories were considered factual with little fabrication, and journalists and newspapers largely maintained their professionalism and applied balanced coverage. There were hardly any typical political article reflecting only one side of the story, for example reporting onthe words or actions of a single candidate or political party without providing a broader context or seeking comment from opponents, third party experts or even voters.

In general, NEOC assessed the role of media in the election process as positive. Election related news received broad coverage on television and radio, and in the print media. Television and local FM radio stations also frequently hosted candidate debates and question and answer sessions with the public, and a number of media outlets carried paid advertisement for political parties. Observers noted that local FM radio stations were an important source of information, particularly in rural and remote areas, as newspaper distribution is limited or delayed. Political parties and candidates in general appear to have had good access to local media.

Representatives of Madhesi or other smaller and regional parties at times alleged that while their access to local media was good, national media outlets tended to ignore their activities. NEOC also notes that a number of media outlets - both at district and national-level - were either directly owned, sponsored by, or perceived to be affiliated with a particular political party or candidate, which often led to a strong editorial bias and at times the local media landscape was described as polarized. To some extent biases appear to have been counteracted by the plurality of media and the presence of independent media. In a few cases, particularly in the East, observers found that reports on incidents involving poll opposing parties were exaggerated in the national media or details not sufficiently verified. On Nov. 18, the EC directed the government to bar ABC Television from broadcasting until 5 p.m. the next day, as the channel was found to be clearly favoring a party in their broadcasting. However, following an objection from ABC Television the directive was not implemented by the government.

28 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 1.9 Cooling Hour

The EC declared 48 hours of period as poll silence to let voters make their decision, which began from November 16 midnight. Starting with this period the EC also imposed a ban on any election campaign. According to Clause 34 of CA CoC 2013, during this cooling hour, any rallies, sloganeering, exhibition of party flags, election symbols and other materials are prohibited till polling ends. Cadres of some of the leading political parties like the CPN (UML) in some places of Sunsari district, defying the CoC, were found indulged in activities contrary to the restrictions imposed by the EC for the observance of the silence hour. On the other hand, the volunteers of NC were spotted with “vote for tree” slogan printed ID cards.

As for the mass media, Clause 93 of the Election CoC states dissemination, publishing or broadcasting any information or news in a way that can promote any political party or candidate during the period of Election Silence is not allowed. Nevertheless, some of the media were found violating the Election CoC, like ABC television which was broadcasting information in favor of a certain party during the time of election silence period. The EC later directed the government to cease the broadcasting of ABC, saying the content of the TV channel was an indication of violation of constitution, law and election CoC.

The security agencies increased its vigilance after the commencement of the cooling hour. Keeping the activities of the anti-election group on high alert, the Nepal Army (NA), Nepal Police (NP), Armed Police Force (APF) and the National Investigation Department (NID) increased its round the clock vigilance also included increased patrolling and deployment of plain-clothed security persons.

Although considered ‘peaceful’ from various stakeholders, the incidences of intimidation and violent activities continued during the cooling hour. During the 48-hour-silence period, voters were terrified but at the same time, were determined to vote. Drastic reduction in private as well as public vehicles on the road indicated that people were indeed scared to stay mobile during the silence period. A maximum number of explosive devices were planted during this period.

1.10 Violence between Contestants

The entire election period was happily characterized by very low levels of violence, and political parties deserve due credit for refraining from certain confrontational practices before, during and after E-day, such as the staging of legally-barred competing political rallies (showdowns). Although there were various incidents of clashes, prior to and on the E-day, between political parties, these clashes and attempts of threats and intimidation to the voters did not have as much impact on the free will of the people to cast their votes independently and were without significant influence. Various techniques of money, muscle and manipulation were brought into practice, however, such acts were unable to significantly impact the mind-set of the voters.

The nation-wide strike called in by the anti-election parties were anticipated to affect the number of voters turning out. They used all possible tactics from attacking the candidates to threatening the voters to obstructing political parties’ campaigns and the use of explosive devices. The killing of Mohamed Alam, a CPN (UML) candidate in Bara district, and violent physical attacks and manhandling of election observers, voters and candidates highlighted such difficulties. However, there were also a number of more serious incidents involving supporters of competing parties. These included acts of vandalism, obstructions of campaign activities, fights, and serious assault. The

Observation of Nepal’s Constituent Assembly Election-2013 | 29 Comprehensive Report major incidents that made the headlines of every newspaper was the clash between Madhesi People’s Rights Forum-Democratic and Terai Madhes Democratic Party in Sarlahi which had left 17 injured with five in critical condition; a clash between UCPN (Maoist) and Nepali Congress (NC) in Rukum district on October 22, leaving at least three injured; a confrontation between UCPN (Maoist) and the Madhesi People’s Rights Forum-Nepal in Rautahat district on Nov. 14 reportedly involving the use of firearms and grenades; and an attack by UCPN (Maoist) supporters of a Unified Marxist Leninist (UML) campaign event in Baitadi district on Nov. 15, injuring at least six.

1.11 Violence by Poll Boycottists

Violence and intimidation by poll-opposing forces from 11 November marred the immediate pre- election atmosphere. One bus driver died as a result of a petrol bomb lobbed at the vehicle he was driving, whilst eight of his passengers were severely injured. With many migrant citizens returning to their home district in order to vote, such incidents were targeted at inducing fear and limiting voter turnout.

Additional violent incidents included the death of truck driver Raj Kumar Deuja who died from injuries received in a petrol bomb attack near the Dudhaura River on the Pathlaiya- Nijgadh road in the Bara district on 15 November, the hurling of petrol bombs on passengers buses at Teentapkem, Basamadi VDC-2 in Makwanpur district on 12 November, at Satungal in Kathmandu on 16 November, at Damare, Surkhet on 15 November and a petrol bomb attack on a microbus in Samakhushi, Kathmandu on 12 November which left several people injured. There were also reports of placement of Improvised Explosive Devices (IEDs) in different parts of the country. The Nepal Army (NA) disposed of most of the devices.

The activities of boycotting parties had a significant effect on the campaign environment. Despite assurances by the CPN-Maoist to keep their boycott campaign peaceful and symbolic, both CPN- Maoist and the Federal Democratic National Front affiliated Federal Limbuwan State Council (FDNF affiliated FLSC) in the East increasingly resorted to forceful obstruction and aggressive tactics in their boycott campaign. In early October, the EC’s VE efforts were the target of several incidents of destruction of voter education material. By late October, CPN-Maoist had shifted their focus to obstruction of campaign activities of candidates, in particular those of senior leaders of major parties by imposing regional strikes ahead of their visits, often targeting the UCPN–M Chairman. This also reflected the uncertainty prevailing at the time regarding a potential postponement of the election. The FDNF affiliated FLSC declared a ban on candidates entering their constituencies in nine districts of the Eastern region from Oct. 19 onward; however, in practice the impact was minimal.

Poll-opposing parties had also called for a general strike from November 11-20, which after the first day was converted into a transportation strike. However, with the impact of the strike waning and a number of arrests of strike enforcers, boycotting parties increasingly resorted to violence and scare tactics in the run-up to the election. A number of explosive devices were planted at strategic locations. Most of them were detected in time, but there were some reports of injuries including four NC members being injured by shrapnel when a bomb went off in Makwanpur on Nov. 13. There were a number of attacks on buses and trucks which defied the strike. Such attacks with petrol bombs included a passenger bus leaving Kathmandu on Nov. 16, injuring nine people; a bus carrying NC supporters in Surkhet district on Nov. 14, injuring nine; and a similar attack in Lalitpur district, injuring a child on Nov. 12.

30 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Violence Mapping Violence 1.12 Source:http://www.un.org.np/maps/nepal-districts-most-incidents-political-and-electoral-violence-1-oct-19-nov-2013

Observation of Nepal’s Constituent Assembly Election-2013 | 31 Comprehensive Report Source:http://www.un.org.np/maps/nepal-districts-most-incidents-political-and-electoral-violence-1-oct-19-nov-2013

32 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 2. Election Day Setting

NEOC’s 10,000 plus observer visited more than 18,000 individual polling centers on E-day. Each observer observed the opening of one polling center, voting procedures at multiple polling centers and the closing and vote counting process at one polling center visited earlier in the day. Following the vote count, most teams followed the delivery of results from the polling centers where they observed the counting process at district headquarters, where they observed at least some portion of the vote consolidation process. Observers completed a comprehensive written checklist and filed a questionnaire after departing each observed polling center. Overall, observers offered a positive appraisal of the voting and vote tabulation and consolidation processes at polling centers and district counting centers where they were present on E-day and the following days. Though observers noted procedural inconsistencies at many centers, they detected no systematic pattern of violations or irregularities that would call into question the basic integrity of the process or the accuracy of the reported results in their assigned areas.

Observation of Nepal’s Constituent Assembly Election-2013 | 33 Comprehensive Report 2.1 Environment and Preparedness NEOC observers rated the security environment and general level of organization positively at the vast majority of polling centers they visited. They described the polling centers as organized and calm, except in few places describing them as less organized and calm. Observers described the environment at only in few centers of Gorkha, Siraha, Dhanusha, Jumla they visited as politically charged or tense. Reported incidents of violence were extremely rare and did not interrupt the polling process significantly in any observation locations.

Security within the prescribed perimeter was generally tight, and restrictions on the entry of private motor vehicles into the perimeter were enforced. This level of security was consistent with the EC’s announcement prior to E-day of the planned deployment of roughly estimated 100,00022 security personnel at around 18,000 polling centers around the country in a three-tiered security program that included members of the Nepal Army, Armed Police, Nepal Police and temporary police. Observers frequently witnessed police or members of the Army inside polling centers and, in some cases, individual polling booths. Some observers reported seeing security forces provide assistance to voters, but did not find evidence to suggest that security forces were engaged in efforts to intimidate or influence voters. With some exceptions, observers reported that all polling centers opened and closed on time at 7:00AM and 5:00PM respectively. Observers also noted that election workers typically conducted opening procedures smoothly. Necessary materials, such as voter lists, ballot papers, ballot boxes, stamps, indelible inking materials and election law reference materials were on hand in adequate supply.

Properly composed teams of election officers were present at the opening of polling centers and throughout the day, although observers reported that some periodically took breaks for meals or restroom. Election officers included a presiding officer, responsible for overall management of the polling center and delivery of the results at the end of the day, assistant presiding officers, responsible for management of individual polling booths within the centers, and polling officers, responsible for processing voters through the individual polling booths. Though the EC indicated prior to E-day that the target polling center size was approximately 2500 voters, with women’s and men’s names divided between four and six polling booths in each center, actual numbers varied from a low of approximately 1200 and a high of almost 6,000 voters at locations NEOC observers visited. Some centers had as many as a dozen individual polling booths. In some cases, EC constructed two or three polling centers within the same building or small complex.

Notwithstanding the variance in size, observers were generally satisfied with the physical arrangements of polling centers to receive and process voters, but noted the lack of a standard layout, which would help assure an orderly and systematic progression of voters from one step of the voting process to the next. Ballot boxes were usually, but not always, situated where they could be seen plainly by election officers, political party poll agents, election observers and voters, and voting tables were generally set-up to provide voters with adequate privacy. NEOC observers heard no complaints from poll agents about missing, broken or unsecured seals on ballot boxes either on E-day or subsequently until early in the morning of November 21, UCPN-Maoist decided to pull its party agents out of counting centers across the country.

22http://www.ekantipur.com/the-kathmandu-post/2013/06/23/nation/poll-security-weary-ec-floats-multiple-options/250357.html

34 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Voter turnout was consistently high throughout the day. At all locations where NEOC observers witnessed the opening of polling centers, voters arrived and waited in line before 7:00AM. At most polling centers, there were lines of waiting voters throughout the day, with average waiting times of about 60 minutes, according to more than a half of the total voters. Observers generally reported that the lines for women were longer than those for men. In all locations where NEOC observers witnessed closing of polling centers save one, voters in line at 5:00PM were permitted to enter the polling centers to cast ballots as provided under law. NEOC observers did not find a basis for questioning the accuracy of the 78 percent national turnout later reported by the EC.

As in past elections, representatives of political parties were present outside virtually all polling centers to assist voters who did not arrive at the centers already in possession of their voter ID and serial numbers. Most voters received this information from political parties before E-day as a campaign service and get-out-the-vote effort. The chits, usually bearing a party symbol and/or candidate photo, were by far the most common source of observed politicking in the vicinity of the polling centers and of prohibited political material in and around polling centers and booths. After receiving or casting their ballots, most voters left the chits behind on floors and tables in voting booths, or discarded them on the ground outside polling centers.

2.2 Deployment of Human Resources In the light of the increasing threats, violence and agitation the EC along with combined efforts of the GoN are focused on conducting the election at any terms. The protests put up by the boycotting parties have yet had any major impact on people’s persuasion to cast their independent votes.

The GoN made arrangements for full medical health care facility and other partial financial support for covering accidents occurred during the election process along with issuing notices of arresting anyone attempting to coerce the election environment.

To reduce the risk of possible violence, if not eliminate it, the GoN is preparing to deploy high security forces to ensure free, fair and fearless elections across the country. Systematic planning and strategies are deployed to make security arrangements to safeguard the people’s fundamental right to vote. Different security agencies like Nepal Army (NA), Nepal Police (NP), APF and National Investigation Department (NID) coordinated to make the election peaceful and successful. Around 62,000 NA personnel, 48789 NP personnel, 30,000 APF and 44,000 temporary police were deployed for the election. According to Article 145 of the Interim Constitution the NSC was required to recommend the government for the mobilization, operation and use of the national army.

The strategic deployment secured the E-day in most of the places nation-wide although certain districts were faced with severe challenges during the election process. In view of possible electoral violence the Ministry of Home Affairs formulated Integrated Security Plan (ISP) formulated by coordinating all security forces. Based on their report from local level the Ministry categorized of the sensitivity of districts. Out of 75, 16 districts (majority in the Terai, namely; Saptari, Siraha, Dhanusa,

Observation of Nepal’s Constituent Assembly Election-2013 | 35 Comprehensive Report Mahottari, Sarlahi, Rautahat, Bara, Parsa, Dang, Nawalparasi, Kapilbastu and Rupandehi in the Tarai and Rolpa, Pyuthan, Kalikot and Taplejung) were categorized as most sensitive district. Additionally, the internal assessment of the government named 116 constituencies fall under the category. On the basis of major factors affecting the 2008 CA elections were election defiant activities, ethnic and regional based organizations and the open border accessibility were the categorization made. The Nepal Army formed the ‘third layer’ of security in polling stations that fall under the ‘most sensitive’ (1562) and ‘sensitive’ (3850) categories.23

2.3 Opening Procedure According to NEOC observer’s reports from throughout the 75 districts, in almost all of the polling stations the polling started at 7:00 a.m. Those places where there were few logistical problem including delayed arrival of party agents, the polling started a little late at around 7:30 to 8:00 a.m. This happened mostly in the constituencies of the Terai region. During the opening hour, our observers noted voters’ enthusiasm to vote, as there were long queues in almost every polling center. A majority of the votes were casted before the noon. In a majority of the polling stations throughout the country, there was presence of party agents, which in many ways helped evade any chances of violence or rigging ensuring free and fair elections.

2.4 Polling Procedure On E-Day voters enthusiastically went to their respective polling centre to cast their votes and to exercise their franchise. Voting continued all day and by the evening when voting closed it was clear that there has been a high voter turnout. Chief Election Commissioner declared that the turnout at 70% of the 12 million registered voters was higher than 2008 and had set a new voting record of Nepal’s electoral processes.

The overall management of the polling procedure was found up to the mark. In the course of observation the general impression is that the logistics arrangements in terms of ballot papers and boxes, indelible ink as well as VR list were satisfactory with few exceptions. The major grievance has been that the EC staff and volunteers were unable to deliver voter ID Cards to each registered voters. Instead, in some places the ID cards were found to have been handed over in bundles either to the head of the family or to the party agents. The security apparatus was found intact maintaining the designated radius of the different organs such as the NP, APF, NA as well as the temporary police. Grievances were expressed concerning the over-crowdedness of Security personal assisting a senior citizen security personnel in certain constituencies resulting in the state of intimidating atmosphere such as in the case of Dolpa which was categorized as highly sensitive district by the government. Thus, the security personnel including Nepal Army were

23hhttp://www.ratopati.com/epaper/greatway/kartik_2070/

36 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report deployed from several days before the E-day. The situation became abnormal in certain VDCs as the E-day approached especially in Laawan and Shahartara VDC where due to lack of adequate sense of security even some party agents and cadres were unable to cast their votes.

Although the queues for voters were arranged in an orderly manner, in some polling centres in Sunsari district few voters were found lined up in wrong queues ultimately returning without casting their votes after hours of wait. Similarly, in some centers NEOC observers had to persuade the EC officials and volunteers to reorganize the poor management in order to provide assistance to senior citizens and PWDs. Our observers also noted that some of the polling stations were not easily accessible for example the voters had to walk for hours to reach the polling center situated at Bhedetaar VDC of Dhankuta. Similarly, no women were seen in the center when our observers reached there at 12 noon in Burgajawa center of Men queued from the north Rautahat constituency no. 6. The male voters were found to have lined up in the women queues. When questioned by NEOC observers, the EC officials stated that all the women voters were given priority to vote by 11 a.m. following which the male voters started casting their votes. In due process of crosschecking with the women, the information was found to be accurate and they had actually voted first. Men queued from the south In general, NEOC observers described the polling centers they visited as well organized, and the voting process as orderly. Similarly, they described election officers of the centers visited as generally knowledgeable and competent. Predictably, the majority of polling centers described as less orderly were the larger ones. Causes for disorder included high turnout, failure of election workers to adequately mark polling booths and direct voters to their proper booth upon entry to the center and problems associated with voters who entered the center without having previously received their voter ID and serial numbers. In locations where order was a problem, observers frequently reported that poll agents as well as police became active in trying to organize and properly direct voters to their voting booths. Despite these problems, observers noted that voters in almost all cases remained patient and determined to vote.

Consistent with tradition, women and men queued in separate lines to vote in segregated polling booths whose voter lists were also gender specific. In most instances, observers reported that the lines for women were longer and slower moving because, on average, women took more time to complete voting process. There are likely multiple reasons why women took longer than men to complete the voting process, however, observers who witnessed the longer lines for women and the longer time women spent in voting booths compared to men, were unable to identify any specific reason for this.

Observation of Nepal’s Constituent Assembly Election-2013 | 37 Comprehensive Report One frequently noted occurrence was that most female polling booths were not completely staffed by women, defeating the purpose of gender-segregated voting. Many – but not all – women who cover their faces with a veil were asked to remove it to crosscheck their face to the voter list; some women were uncomfortable doing this in front of male election workers, however many felt it their duty and obliged officials.

The removal of veils is another potential reason why voting lines for women took longer than for men in some places, though some observers commented on the inconsistency of requests from election workers for women to remove facial coverings. The process of locating the name and identifying the photograph of a voter on the voter list before issuing a ballot was by far somehow problematic aspect of the voting procedure in terms of slowing the voting process, but still much improved over the confusion evidenced during the 2008 CA election. However, importantly, observers did not see evidence that the problem ultimately resulted in the disenfranchisement of a significant number of voters that it opened the door to individuals casting multiple ballots or that persons who were otherwise ineligible to cast a ballot were allowed to vote.

Voters technically did not need to provide election officers with anything more than their names to cast their ballots; election officers finding a name on the list could match the accompanying photo against the voter to prove identity. However, the lists were organized by a sequential series of numbers assigned to voters when they registered to vote, rather than alphabetically, as many Nepalis share the same very common names. As a result, if a voter presented nothing but a name, the election officer would have to search line-by-line to find the name and confirm the voter’s identity based on the accompanying photograph. With the average list containing 500 names in practice is time consuming and, given the high turnout, not so smooth.

Ultimately, there was confusion at polling centers because the EC did not adequately communicate to the public that whether the ID cards were mandatory for voting. Moreover, ID numbers did not correlate with the voter sequence numbers on the voter list. Once voters were in possession of their voter ID and serial numbers, the process generally went smoothly. The liberal approach adopted by the EC regarding the provisions for absentee balloting resulted in enfranchisement. Temporary polling centers were set up within prisons, rehabilitation centers/ shelters and other places with the view of easing people's right to voting. NEOC observers did not report significant problems related to the ballot papers themselves, although in some places election officials frequently imprinted the required seal on many ballots in advance, rather than on a single ballot at the time of distribution to a single voter as required by the election law. While this is a potentially serious compromise of overall ballot security, observers did not find evidence at any stage of the process to suggest that anyone exploited this vulnerability. Carelessly applied seals, however, did account for a significant percentage of invalidated ballots in some polling centers. All locations had an adequate supply of ballots. Voters, especially seasoned voters, did not appear to have significant difficulty understanding the ballot or the proper procedure for marking it and placing it in the ballot box. Consistent with this finding, the number of spoiled ballots was very low in all polling centers visited by NEOC observers, and relatively few cast ballots were declared invalid during the vote count. According to EC invalid percent under FPTP was 4.2 and 3.94 under PR system.

38 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 2.5 Violence and Intimidation NEOC observers witnessed some incidences of physical violence, one of the methods of destabilizing the electoral process which is often characterized by the use of physical force on candidates, electoral officials, election observers, security operatives, candidates or any other persons before, during or after elections. Examples of physical forms of violence included rough handling, beating or flogging, inflicting other types of injuries and even one incident of election-related assassination.

Similarly, in some instances, fear fueled by psychological factors also contributed to harm the sanctity of the election. Creation of fear by the poll-rejecting groups in the mind of political opponents, the electorate, observers, electoral officials or even security agencies was a common phenomenon. Threats of the use of violence, especially the threat of attacking polling stations and other voting venues and acts such as bomb explosions during elections were witnessed but such incidences were not capable of causing psychological electoral violence so that the electoral process would derail.

However, the election was not free from the incidences of violence of different forms. In general, people in urban areas seemed less concerned about security and more concerned about whether the politicians would do what they promised, while the CPN Maoist’s violent activities was a greater concern in certain sensitive areas, as well as in hill and mountain districts. Security personnel were out in force prior to, and on, E-day in the sensitive areas, but they expressed concern about their ability to respond to incidents in remote areas such as Rukum and Rolpa in the event they were needed there.

In constituency 3, Pothiyahi VDC of Rautahat, police blank fired at least 12 rounds to take the situation under control as the UCPN-M cadres beat UML supporters. One local Bigu Darji Musalmaan was injured while a Maoist cadre Debendra Mandal also sustained injury in the course of skirmishes. After an hour delay voting resumed.

The impact of the strike in remote districts is less known, though the UN Security Chief reported that in Upper Dolpa in the Mid-West people were threatened with death if they voted. The threats led some polling officials to resign their posts. Thus, the level of turnout of any particular location may have turned, at least to some degree, on whether people felt safe to vote, and whether the anti-poll cadres obstructed people on their way to vote.24 As of election night, there was still some concern about ballot box security during transportation, as roads could easily be blocked and vehicles stopped in remote districts.

On the E-day Rolpa witnessed around 6 dozen of explosions carried out by CPN-M cadres in a bid to disrupt the poll whereas the UCPN-M cadres marched around the area with baton sticks on the E-Day and even after. In several districts visited by NEOC observers corroborated by the findings of ANFREL, violence or threats were being used to try to influence voter choices. Overt violence, such as flagrant intimidation by party cadres, particularly by the CPN-Maoist and the Young Communist League (YCL), was used to restrict the activities of political parties and prevent voters’ freedom of association and speech.25 As intimidation is often less visible than overt violence, it proved inherently difficult to secure evidence that could lead to successful prosecution, resulting in relative impunity for the offenders. The impact of violence, not surprisingly, was most pronounced in more rural areas less accessible to government employees, security officials and election observers. Such trend has been witnessed also by ANFREL observers. There, voters felt particularly insecure: places

24 anfrel.org/wp-content/uploads/2013/11/Nepal-Interim-Report.pdf‎ 25Ibid

Observation of Nepal’s Constituent Assembly Election-2013 | 39 Comprehensive Report such as Doti, Rukum, parts of Rolpa, Dang, Myagdi, Solokhumbu and Salyan districts. The work of local election observation groups was impacted in some areas, since observers perceived or actually received threats from armed groups.26

However, notwithstanding the threat of violence, observers noted a positive development two days before the election as voters showed great enthusiasm in collecting their voter identification cards. This in many ways became an indicator of the voters’ disposition toward the election, as most voter ID distribution centers recorded over 80 per cent turnout to collect the cards.

2.6 Closing Procedure On E-day, NEOC observers noted a number of issues respecting either the CoC or implementation of election procedures. Most of these were relatively minor. The problems included placement of voting booths which could compromise the secrecy of marking ballots, candidates glad-handing at the polling centers, and poor inking of thumbs during the polling process.

There were problems in the poll closing process as well, especially insofar as recording the number of unused ballots was concerned. Unused ballots were not destroyed, as is the general practice, and not counted before being inserted in envelopes/bags in a number of polling stations.In Bhimmapur VDC of Bardiya, for example, observers were blatantly denied access to information concerning the closing protocols in the name of maintaining secrecy.

3. Post-election Setting

3.1 Ballot Box Trasportation As the vote counting process started and initial results were being announced, the UCPN-M probably sensed a scope of loss. Disapproving of it, they claimed the elections to be fraudulent and rejected to participate in the CA if necessary actions were not commenced against those who rigged the elections. The largest party in the first CA secured only 26 seats in the FPTP election system. The UCPN-M accused the NA and election officers exchanging ballot boxes while ferrying them from polling centers to district headquarters before counting starts.

Demanding halting the counting process, the Maoists proclaimed that during the ferrying of ballot boxes is when the rigging took place. They stated that the original ballot boxes were destroyed and the stuffed and false ballots were brought in to the counting centers. Calling for an independent and immediate investigation, the Maoists even threatened to re-join with the hard- line Maoists saying they were ready to fight once again and boycott the whole electoral process.27

26Ibid 27http://www.nytimes.com/2013/11/22/world/asia/nepals-maoists-losing-vote-charge-election-fraud.html

40 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Interestingly, both the national and international observation groups did not report any incidences in any constituency of the country where the ballot boxes, in the process of ferrying them, may have been manipulated. Also, no members of the EOCG reported of any incidences of foul play. Nepal Bar Association also urged the CPN-M to respect the poll results unconditionally. There was not even single news of such incidence in any media (both electronic and print), including social media outlets. After much intervention from various stakeholders, they agreed upon certain conditions to join the CA including investigating into election rigging and malpractices and fabricating a consensus among political parties to address to the pressing issues.28 However, the ferrying process was generally found to be without much hassle. Incidences like the security personnel (APF and NA) using force, to safeguard the ballot boxes, in the course of ferrying them after a dispute arose between the agents near Aarupani of Jufaal VDC of Dolpa district did occur.

Had the ballot boxes been mishandled and stolen as per Maoist allegations, both the domestic and international observers, together with general public would have made hue and cry. The Carter Centre along with the EU-EOM urged UCPN-M to respect the verdict of the polls. President Jimmy Carter, who led the Carter Centre’s observation mission, even made a public statement on how the Maoist party, if unpleased with the election process, should go to court. Similarly, India, the US and China, all hailed the election as successful. China’s positive remark on the election is another setback for the Maoists' claim. In fact, the reaction of the UCPN-M towards the electoral process vividly contradicts election ethics, the notion of competitive democracy, and rules of the game especially when other political parties excepting few positively conceded their consecutive defeats in the CA poll.29

NEOC observers reported that in certain polling centres, ferrying of ballot boxes proved to be cumbersome due to lack of motorable roads, bad weather conditions for choppers to land. Such a situation was encountered for example at centres of extremely remote 6 VDCs of upper Mustang as a result of which the counting began late than the expected schedule.

As accused by the counting rejecters, structural electoral violence which refers to the creation of institutional or legal frameworks targeted at opponents or individuals to either disenfranchise or keep them away from political relevance did not carry any factual evidence. The legal and institutional frameworks were not used against equal access of citizens to political positions of authority while at the same promoting the interest of some other people. There were hardly any examples of political exclusion by privileged ones where structural electoral violence was used as an instrument.

The EC ruled out the demand as all the political parties were endowed with equal opportunities to review the entire electoral process. Dismissed by all, national and international electoral community and stakeholders, the counting rejectors had no choice but to accept the people’s verdict and move forward into the assembly.

28http://www.nytimes.com/2013/11/26/world/asia/maoists-are-routed-in-nepalese-election.html?_r=0 29http://www.ipcs.org/article/nepal/the-fall-of-maoists-4200.html

Observation of Nepal’s Constituent Assembly Election-2013 | 41 Comprehensive Report 3.2 Vote Counting A higher level of security was deployed during the counting process to ensure its credibility and freedom without any bias or external influence. Anyone entering the premises of counting location required a special pass and had to undergo a thorough security check.

A fair and honest counting process is fundamental for the integrity of any election. In order to provide for greater secrecy of the vote, ballot boxes are not opened and counted in polling centers but are brought to counting centers at FPTP constituency level. The ballots from each ballot box should be counted face down to establish the number of ballots in the box, and then the ballots are mixed with ballots from other ballot boxes before counting to obtain the results. As counting cannot start until all ballot boxes in the constituency have arrived, and given the difficult topography of Nepal, counting did not start in most areas until Nov. 20, with some constituencies delayed even further.

Through Nov. 21, NEOC has observed the counting process of all 240 vote-counting centers. In these locations, counting started late in the day on Nov. 20, with the exception of constituencies in the Kathmandu valley. In Gorkha and Chitwan, counting was initially delayed by complaints about the conduct of the voting process. By the time of the release of the preliminary statement, vote counting had started in most counting centers observed, and some preliminary results were becoming available. Observers noted initial confusion in several counting centers, with a lack of clarity as to when counting would begin and to what extent observers and agents would be admitted. Once the process started, all observers reported that counting was proceeding transparently, if slowly. Observers noted that not all counts were proceedings according to the EC rules.

42 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report 3.3 Election Results The results for FPTP, PR and total seats along with total votes received by political parties are as follows:

S.N. Name of Political Party FPTP PR Total PR Votes 1 Nepali Congress 105 91 196 2421252 2 Communist Party of Nepal (CPN-UML) 91 84 175 2243477 3 Unified Communist Party of Nepal (UCPN-Maoist) 26 54 80 1438666 4 Rastriya Prajatantra Party Nepal 0 24 24 624281 5 Madhesi Jana Adhikar Forum Nepal (Democratic) 4 10 14 266276 6 Rastriya Prajatantra Party 3 10 13 259238 7 Tarai-Madhesh Loktantrik Party 4 7 11 180435 8 Madheshi Jana Adhikar Forum Nepal 2 8 10 212733 9 Sadbhavana Party 1 5 6 133521 10 Nepal Communist Party (Marxist - Lenninist) 0 5 5 130261 11 Sanghiya Samajbadi Party, Nepal 0 5 5 121580 12 Nepal Majdur Kishan Party 1 3 4 66642 13 Rastriya Janamorcha 0 3 3 92498 14 Nepali Communist Party (United) 0 3 3 91964 15 Rastriya Madesh Samajbadi Party 0 3 3 79680 16 Tarai Madhesh Sadbhavana Party Nepal 1 2 3 65467 17 Rastriya Janamukti Party 0 2 2 63839 18 Tharuhat Tarai Party Nepal 0 2 2 62894 19 Nepal Pariwar Dal 0 2 2 51819 20 Dalit Janjati Party 0 2 2 49242 21 Akhanda Nepal Party 0 1 1 36851 22 Nepali Janata Dal 0 1 1 33278 23 Madheshi Janadhikar Forum (Ganatantrik) 0 1 1 32031 24 Khambuwan Rastriya Morcha Nepal 0 1 1 30689 25 Nepa: Rastriya Party 0 1 1 28020 26 Janajagaran Party Nepal 0 1 1 27398 27 Sanghiya Sadhbhawana Party 0 1 1 26835 28 Madhesh Samata Party Nepal 0 1 1 23988 29 Sanghiya Loktantrik Rastriya Manch (Tharuhat) 0 1 1 21581 30 Samajbawi Janata Party 0 1 1 21539 31 Swatantra 2 0 2 - Total 240 335 575 -

Observation of Nepal’s Constituent Assembly Election-2013 | 43 Comprehensive Report 3.4 Electoral Dispute Resolution (EDR) A free and fair electoral system depends not only on voter registration, free campaigning, monitors and secret ballots; it must also be able to deal promptly and effectively with the different types of complaints that will inevitably arise. These might include refusal of the right to stand as a candidate or to vote, attempts to suppress voter turn-out, alleged misinterpretation of the electoral laws or procedures, alleged violations of the criminal law, disputes regarding the accuracy of the count, or claims that the cumulative effect of such irregularities is so extensive as to invalidate the elections. Generally, what is at issue is either the validity of the result, or the penalization of those who have violated electoral laws. The integrity of the system requires not only that an independent and impartial authority, such as the electoral commission or the courts, deal with such issues but also that decisions be reached in a timely manner, in order that the outcome of elections not be delayed.

Aiming for a progressive and effective arrangement to be included in the new constitution, Nepal made attempts to reform the EDR mechanism as part of the development of its new electoral law. Political parties, government ministries, election observer organizations and the media participated in supporting and contributing to the ECN’s process of drafting a proposal for the new EDR mechanism. The shape of the electoral dispute mechanism will yet depend on decisions to be made by the CA relating to the mandate and status of the ECN, the nature of the judiciary and the proposed role of the Constitutional Court in EDR.30

Organizing free, fair and credible elections and accepting the outcomes peacefully have become a challenge to the democratization process and stability in Nepal. The auditing of the conduct of democratic elections has become a regular practice in Nepal, and we believe that every accession to power must be through free, fair and transparent elections and there should be zero tolerance for power maintained through unconstitutional means.

Electoral disputes are becoming the norm but most are not of a large scale. The process of election is usually associated with disputes which if not well managed could tarnish the public perception of democracy and make it look like a violent system. The conflicts that may emerge in the context of electoral contestation are experienced mostly during electioneering and voting seasons when members of the political elite compete for political power.

The factors responsible for these election disputes are diverse and reside in the structures of the affected society as well as the legal and institutional framework governing the conduct of elections. These factors have been identified to include the existing socio-economic divisions arising primarily from poor governance, non-altruistic regimes, and weak institutions and institutional rules governing the electoral process.

Prior to E-day, relatively few written complaints were filed at the constituency level, with most complaints being filed verbally and addressed informally. Nevertheless, the observers noted that election officials in the field did not have a uniform understanding of the complaints mechanism and that some political parties stated that they did not have sufficient information on filing complaints or that they did not have confidence in the complaints and appeals system.31 Similar to The Carter Centre's

30http://www.idea.int/asia_pacific/nepal/electoral_justice_nepal.cfm 31 www.cartercenter.org/.../Carter-Center-Nepal-Preliminary-Statement

44 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report preliminary observation report, political party representatives informed NEOC that enforcement of the CoC was irregular, with some smaller parties in the Tarai region alleging that election officials were reluctant to address violations by larger parties. The EC received 187 complaints from July 23 to Nov 17 regarding violations of the Code of Conduct. The EC’s response in most cases was to issue warnings or to request parties and candidates not to repeat the violation. The EC did not impose any fines in any of the cases.

The EC has been criticized by some parties, civil society, and media for not taking stronger action in response to violations. The EC received seven complaints about candidates not meeting legal qualifications, and two of these were upheld. In one case, a CA member elected in 2008 was disqualified under a new legal provision which barred convicted murderers with a life sentence from being candidates. Another candidate was disqualified for holding an official position legally incompatible with candidacy. The remaining complaints were rejected for lack of evidence. While the law does not provide for appeal of EC decisions regarding candidacy, under the Interim Constitution any citizen may apply directly to the Supreme Court (SC) regarding alleged denial of rights. This provides a venue for judicial review of EC decisions but does not necessarily provide for a timely remedy.

The SC heard several cases regarding the pre-E-day period. These concerned the rights of domestic observers, the constitutionality of the CJ of the SC concurrently serving as Chairperson of Council of Ministers, the absence of a provision on the ballot to “vote against all”, the low number of women candidates, and the 10-day strike carried out by boycotting parties. Prior to E-day, the SC did not take any final decisions, although it did issue a stay order against the 10-day strike. Complaints regarding the conduct of voting, counting, announcement of results and other issues can be considered by the EC or by the specially appointed CA Court, depending on the nature of the alleged violation.

With regards to the complaints on the alleged tampering of ballot boxes and structural irregularities, the EC out rightly asked the complainants to use the legally established channels to voice any dispute or electoral grievances they may have in relation to the ongoing electoral process. Altogether 21 cases have been lodged at the three-member CA Court-2070 as opposed to 17 cases in the 2008 CA election and by-election.32

3.5 Formation of the Government After a rigorous exercise to balance the political equation and ensure inclusion of the parties in the government, on 10 February 2014, the CA members picked a social democrat as its new prime minister ending a deadlock that had lasted since an election more than two months ago. Sushil Koirala, the head of the Nepali Congress party, was elected with support from the UML party, which holds the second largest number of seats in the parliament.33 The prime minister took his oath with the promise to draft a new constitution within a year. There had been political deadlock since November, when no party won a majority in CA elections.34 The UCPN-M, RPP-N and other parties enjoying considerable number of CA members have decided not to join the government and remain in opposition. A full-fledged cabinet is formed ending the long fiasco over the distribution of the key ministerial positions. Earlier, the Chairperson and the Deputy Chairperson of the CA were elected.

32 www.neocelection.org/pages/download.php?file...%202013.pdf 33 http://www.reuters.com/article/2014/02/10/us-nepal-parliament-pm-idUSBREA1908U20140210 34 http://www.bbc.co.uk/news/world-asia-26116387

Observation of Nepal’s Constituent Assembly Election-2013 | 45 Comprehensive Report

Chapter 3 INTERNATIONAL OBSERVERS' LENS

My Encounter with Nepal’s CA Poll Nimalka Fernando, Sri Lanka

We visited around 15 stations in Kathmandu valley including some large ones with around 3000 voters or more. Various political party agents were present in the polling stations. In some areas the parties were found to be campaigning outside the gates of the station. Election officers found campaigning were later made to leave the station.

Every polling station we visited was under APF’s security, working side by side with the election commissioner. This is likely to give rise to a situation of concern since the administration is reportedly securitized or linked very closely to one of the security apparatus. However, we did not observe the presence of the armed forces near or inside booths. The voters’ turnout by afternoon was already about 60%. Although the ballot papers looked like big large posters, not many people seemed to be inquiring on how to vote indicating that the voter education programmes were a success. The enthusiasm of the people was very visible as they queued up in large numbers.

The polling stations were managed very efficiently. Representatives of Gender Monitoring team lead by the Secretary of the National Women's Commission who was a male were found in various stations. Where there was a woman officer present, instruction for the disabled, women and elderly was displayed in a visible manner. The polling station also looked very orderly.

Issues of concern were: • Presence of large number of security personnel in and around the polling stations gave a sense of emergency situation. • Lack of mechanism to handle disputes related to voter registration on the spot. Though many officers when we inquired stated no problems were brought to their attention' we met several people who complained that their names were not in the list even though they had a small slip and not the identity card. • Party symbols and campaign materials found displayed quite close to the polling stations of all main political parties in almost all areas we visited. • Securitization of the EC apparatus as the APF personnel playing a major role in the polling station.

I think we Sri Lankans will have to ban vehicles like Nepalis did and get people to walk upto the polling station. It was a surprise to see no vehicles passing by with flags of the candidate. No vehicles at all on the road other than observers, security vehicles and few cars. This also meant it was like a festival on the streets with people in the towns and villages gathering near the polling station or walking towards the polling station. I quite liked the look of this.

46 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report What we witnessed so far? -Sandeep Chachra and Team

The team comprised of Ms. Annegret Triesch, Ms. Sunaina Sharma, Mr. Sandeep Chachra, Mr. Devi Khanal and Mr. Dilli Raj Joshi. The team visited 5 polling stations in Dhangadhi Muncipality on 18th November to understand and report on the pre poll preparations. Pre poll preparations went on to late night with polling and security officials planning the flow, and getting the structures erected. Security personnel (upto 17) stayed overnight at the poll locations.

On the E- day the same team now visited 9 polling booths in Kanchanpur and Kailali districts (from 7:15 am to approximately 7:00 pm) covering polling centres in Rural VDCs, municipalities and urban areas. Specifically, two polling centres (Dekhatbhuli in Kanchanpur and Geta VDC/Sripur in Kailali) and stations located close to Tharu community (with a preponderance of Tharu voters) were also visited as part of the election observation process.

The polling was found to be free, fair and transparent process. We did not come across any aspect of rigging, poll station capture, multiple voting, group voting, takeover of election booths, false stamping, opening of ballot boxes etc. The actual place for voting was secure allowing secrecy.

In some ways polling in the open grounds – mostly school grounds ensured great transparency to the process and in some ways public oversight on the conduct of polls. Centers were not congested and voting load never too high given their open locations. In the centers we visited the number of registered voters ranged from 2200 to 5500 appx.

Outside of the polling booths too (can be generalized for all booths) there was no undue influence either at the time of entry or exit. Only in two cases did we find a few posters (2-3) technically within 100 meters radius of the polling booth though in no instance was any posters, or election propaganda materiel witnessed inside any polling booth.

Unauthorized personnel’s were not being allowed in the polling premises by security. Only in one case the wife of one party candidate was found entering the polling station with a few party workers but later was directed out on account of objections by other representatives in a ruckus that ensued. Based on the complaint immediate response was forthcoming from security within the polling station as well as in the shape of reinforcements of police from outside.

Impressive preparations and sensitivity in quick and unhindered access was given to old persons, women with children/pregnant, and disabled. Volunteers, security as well as poll officials were courteous and extremely helpful without compromising on the integrity of the polling process and guidelines in all the polling centers that we visited.

Polling stations were located at accessible places, were clearly demarcated and signaled. While the locations were based on access criterion in the Terai region we visited (possibly more a challenge in hills), general strike and lack of transportation on E-day meant people had to travel long distances particularly from rural areas to be at the station.

Observation of Nepal’s Constituent Assembly Election-2013 | 47 Comprehensive Report Apart from the morning influx the average time spent in voting process for a voter was upto one hour, excluding the travel time. Maximum voting happened by 3 pm, and voter load on the polling stations had significantly reduced by late afternoon. In the areas by 4:30 pm there were only a few voters left, removing any last minute load towards the time of closure.

Clear instructions were evident from EC. We did note EC billboards about the poll process in two main locations (cross roads of towns). Even the late evening decision from Kathmandu on prevention of photography and mobile devices inside the polling station, had reached the security personnel though this was not strictly adhered to.

We talked with several voters, had group discussions on various aspects of voter education, idea of election, issues at hand, their reason to vote etc. The impression one walked away with is one of hope and optimism in the democratic process. Voters had heard and been educated on the polling first by communication from radio, tv and newspapers, and then by party communication and propaganda processes. The complexity of PR system in our opinion was not fully understood by the voters. Overall voter ID cards were a welcomed introduction. In the eyes of most, and in our opinion too, this leadership by EC contributed very strongly to integrity of the electoral process and minimized malpractices hugely. However, delay in dispatch of Voter ID cards, and mixing of names and photos, missing cards, as well as late introduction of the idea may have, in the opinions of poll officials and observers contributed to up to 5-10% of the genuine voters not being able to vote.

Polling Polling was very well organized with good cooperation between the political agents, election officials, security personnel and voters. I observed only two people turned away for lack of having their names in the voting register; both had IDs listing other wards. There was general cheerfulness and eagerness to vote at every location with few complaints due to the long wait in places where lines were long. People were very pleased at the high voter turnout.

Closing We observed the closing in Morang 7 Biratnagar. There were 7 polling stations. Only one voter was being processed after we arrived at 4:45. Only election officials cast their votes after 4:50. At 5:00 p.m. no voters remained and the election officials closed and sealed the boxes. They recorded remaining ballot numbers, placed materials in envelopes that were labeled and sealed. Security personnel supervised the loading of all election materials into the waiting bus which was then packed full of party agents and security personnel [some of whom hung out the door or sat on the roof of the bus]. They left just before 6 p.m. with people joking that it looked like a wedding procession taking away the bride.

48 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Snapshot from the East Anoop Sukumaran

The CA election in Nepal was indeed a historic event. For many of us as international election observers this was certainly a lifetime event, where we were a small part of a defining moment in the history of a country.

In the run up to the elections, we were acutely aware of the immensity of the task and the challenges the elections presented. We were very well briefed by NEOC and met with a range of eminent persons, enabling us to have a bird’s eye view of the situation. Some of us were assigned to monitor the District of Jhapa and some surrounding areas. Reaching the district on the eve of the elections, we met with Mr. Anoop Sukumaran presenting his key district officials in charge of the election process, as well as those views at an event organized by NEOC responsible for security. Our interactions with the local populations also gave us an idea of the atmosphere prior to the elections.

The general mood was upbeat, and positive. It was incredible to witness the depth of political understanding of people across the board, be they teachers and professionals or the woman selling fruits at the street corner. By the evening of election eve, all the preparations for the polls at most polling stations that we visited were complete. The bamboo poles for the queues were in place, the election staff had their briefs, signs and other election material were in place, security personnel were in place. Some of the polling stations considered “sensitive” had larger presence than others. We also saw a few mobile units.

The polling began on time; queues in some polling stations had begun to form hours before the start of polling. The mood was festive we did witness people young and old, waiting patiently in the morning sun, having their fingers marked in indelible ink, and proceeding to vote, people proudly displaying their voter identity cards. We heard in some polling stations that there were some people who were not able to get their voter identity card, these persons were allowed to vote if they had brought along their national identity document. All the political parties had their polling agents present, and checking the identity of persons proceeding to vote.

On the polling day, all vehicles were banned from plying except for official vehicles, and those with poll observers. We noticed as we travelled that people were walking kilometers to cast their vote. We saw many elderly people making their way to the polling booths.

Astoundingly response of women was overwhelming on almost all the polling stations we visited, the number of women casting the ballot outnumbered men. In some cases, there was almost a 15% difference between the two. Incredibly, the overall turnout, in stations we observed and in the district in general was an astounding 78% turnout.

Any election which meets all the international benchmarks of free and fair elections, and is able to have almost 80% polling, is a celebration of democracy.The power of the people was on display. Whatever the results may bring in, it was clear that the people of Nepal believe in the democratic process of change.

Observation of Nepal’s Constituent Assembly Election-2013 | 49 Comprehensive Report

Chapter 4 CONCLUSION

The right of citizens to participate in the public affairs of their country, including through election observation groups, is a key international obligation for democratic elections. Election observation is provided for by the Interim Constitution and by legislation. In practice, over 23,000 domestic observers from 53 organizations and 235 international observers were accredited. Although observers have been able to observe most aspects of the process thus far (through Nov. 21), the legislation does not clearly define the rights of observers and opens the possibility for election officials to deny access to observers. For instance, the law is silent regarding the presence of observers at EC meetings or at the printing of ballots, and the EC did not allow observation of these activities for citizen or international observers. The EC directive on the election process stipulates that a maximum of five observers may be present in a polling center at a given time. Moreover, the law says that Returning Officers may allow observers to be present in the counting center but does not state the grounds for denying access. The domestic observers were on various occasions denied full access to polling and counting processes.

The EC directives also placed some undue restrictions on observers, like observers were required to be at least 21 years old and have specific educational qualifications. These requirements are more stringent than the requirements to become a voter and therefore impinge upon the right of some citizens to take part in the public affairs of their country. In addition, the educational qualifications discriminated against women and marginalized groups, who have historically lower levels of education.

Following massive lobbying by NEOC together with a lawsuit filed with SC by the EOC, a domestic observer group, the EC decided in October to modify another restrictive provision that required observers to observe outside their home constituency. The policy was changed to apply only to the polling center where an observer is registered on the voter roll. Making all steps of the process fully open to observation is an important aspect of building and maintaining public confidence in the integrity of the process. The rights of observers should be more clearly defined in legislation in order to ensure transparency in all aspects of the election process.The will of the authorities to have a large presence of national and international observers for the 2013 election is commendable.

Elections are a defining characteristic of democracy, and thus form an integral part ofthe democratization process. Over the past decade, electoral systems and processes have become a centerpiece of observation missions and post-conflict democratization initiatives. Elections in emerging democracies and post-conflict societies like Nepal have a great potential to plunge a country back into violent conflict, to undermine processes of stabilization and to discredit democratization. Apart from the difficult issues of timing and the choice of an electoral system properly tailored to local conditions, the installation of a most viable electoral system and representation character as well as a robust EMB are crucial elements for success. In other word, successful and peaceful post- conflict election requires an effective electoral framework driven by local context and realities and a comprehensive plan of administrative and procedural matters.

Post-conflict election such as this in Nepal is marked by excessive promise in the form of inclusion and devolution of power to the people from unitary system to federating the state. For the parties and opposition, there is an enormous pressure to meet local and international expectations. There may be conflicting interests in the new constitution-making process but in order to maximize the potential

50 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report for the consolidation of peace and democracy, particular attention should be paid to the practical challenges observed especially the areas relating to the long-cherished state-restructuring project.

International resources and expertise can prove critical to the new constitution-making endeavor; however, international agents should prioritize working with local institutions, leaders and communities in order to benefit from relevant local expertise, while simultaneously building local capacity and public accountability. Importantly, the international community needs to remain engaged long after polling day and ballot counting. Irrespective of how successful an election may be run, conditions for conflict will remain ripe if the populace does not accept the results or see an improvement in economic conditions.

NEOC's assessment is that, despite a number of quite diverse challenges, the elections were essentially free and fair and were conducted with great professionalism by the EC and the thousands of people who officiated at the polls across the country. We will, of course, be giving a hard look in the days ahead to the detailed E-day reports prepared by our observers, but we have a high degree of confidence that our final report will reach the same conclusion.

NEOC finds that CA election was conducted remarkably well, especially in the face of attempts by boycotting parties to disrupt the process through violence. The voter turnout remained highest (78 percent) ever in the past amid threat of violence and obstruction from some poll-opposing parties. NEOC trusts that political parties will accept the choice of voters with confidence and where they have disputes they will address them through the proper channels.

In 2008, Nepal voted to establish a new social compact through elected representatives tasked with drafting a new constitution. More than five years later, the people have spoken again, resolutely, in the face of frustration with the CA's inability to finalize its work. NEOC hopes that the renewed energy and enthusiasm of the Nepali people on E-day will be harnessed by their elected representatives to set aside partisan differences and focus on drafting a new constitution. The trust that voters have placed in their representatives comes with the responsibility to deliver. More political infighting, stalemate, and disagreement will mean more years in which Nepal’s youth go without jobs, the economy lacks the political stability needed to reassure investors, and the sacrifices of the political transition remain unfulfilled.

NEOC observers positively assessed the preparation for the election and the polling process on E-day. The new biometric VR and the use of voter ID cards helped to ensure the principle of one person. The use of new technology was generally respected, although there were reports of some citizens not finding themselves on the voter rolls due to technical errors and delay in distribution.

The extensive presence of party agents and domestic observers on E-day provided transparency and should help build the confidence of parties, candidates, and voters in the integrity of the process, and NEOC encourages the EC to continue to facilitate access for observers during the counting.

NEOC also notes a marked improvement in the campaign environment since 2008, with political parties and candidates able to campaign freely for the most part. Nevertheless, physical clashes among political parties, as well as the use of violence to prevent people from exercising their democratic rights, should not occur. NEOC encourages all parties and groups to act peacefully and to respect the evident desire of Nepali citizens to continue the political transition and to come to agreement in constitution writing. Nepal’s electoral system creates the conditions for a diverse elected body that is broadly representative of gender, ethnicity, and caste as well as political preferences of voters.

Observation of Nepal’s Constituent Assembly Election-2013 | 51 Comprehensive Report NEOC was disappointed that the political parties did not put forward more candidates who reflect that diversity in the FPTP election system. Although the proportional representation ballot will make up for some of that weakness, greater commitment is needed to ensure that the interests of women, youth, and historically marginalized groups are reflected in the new constitution.

The free and generally peaceful environment in which the election took place, also ensured to a large extent non-intimidation of candidates and voters, free expression and campaigns, transparency and free voting which constitutes the credibility under the prevailing circumstances, particularly when compared to 2008 CA election. The election was free in the sense that our observers noted that the candidates were free to campaign, free to associate, free to express their views and the voters were free to cast their votes with some exceptions. However, improvements are still desirable with regards to the electoral framework, representation model and the adherence to the principle of inclusion.

The election has dispelled quite a number of long-held myths about Nepal's peace process in terms of their outcome. The elections were adjudged to be free and fair, and the votes of Nepali voters were counted. During the election process itself, there was hardly any major incident, and Nepali voters were able to therefore express their preferences and choices in terms of who their leaders should be to draft the new constitution, which reflects their determination to right to contribute for the democratic transformation of the country through ballots.

NEOC safely pronounces that the CA election was the most credible one in the recent history of electioneering in Nepal. The election has diminished the politics of ethnicity, national disunity, secessionist project, communalism, and the fragmented regionalism. Overall, there are great prospects for Nepal, and Nepalese should be very proud of the outcome of this election and the role they have played in deepening and widening our democracy.

We also must not forget the role played by the international community. We believe that the elections in Nepal will be ranked among the most observed elections. Domestic observers and everyone else were determined that this time around the country was going to have a free and fair election. Thousands of international and national were deployed to help monitor the various polling booths all across the country who have gone to great lengths with professionalism and credibility.

There is hardly any election that is 100 percent hitch-free. Even in democracies of developed countries, we find that elections are bound to run into one or two problems here and there. There is always room for improvement. Everywhere, in the United States, in the UK, Canada, Australia, France, we have seen situations where people are disenfranchised. There are all kinds of unforeseen issues that could arise and that do arise in the process of conducting elections. It would be careless on our part to determine that there were not any such issues and everything was ship shape. The most important thing is to learn from the experience during this election and increasingly improve the situation to such a point where we have very minimal issues associated with our elections. We have no doubt that we will get there because this election was a quantum leap from what we have had before.

Given the multiplicity of ethnic groups, nationalities and cultures, there are three fundamentals that we have adopted that are not negotiable: democracy, federalism and republicanism. NEOC believes that given the nature of things in Nepal's transition, these are the principles of government that will best serve our interests.

There were some surprises actually. Some people that were said to be political heavyweights, people with name recognition and holding high offices were worsted in the elections. We acknowledge the

52 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report sportsman like spirit with which some of them conceded. Most leaders' statements highlighting those elections are not a “do or die affair” is commendable. The election brought about quite a number of surprises in terms of electoral victory. For example, the largest party in UCPN (M) was scaled down to its third rank whereas this time Madhesh-based parties' victory has been minimal. Nevertheless, since the mandate of the electoral representation is primarily to draft the new constitution; the winning-loosing dynamics must not affect the long-cherished dream of Nepali people to draft a constitution with the directly elected representatives. Thus, this election is widely expected to go down in history as the elections that have finally put Nepal on an inexorable path of democracy and development, unity and cohesion. The election also revealed the enthusiasm of the Nepali electorate. There are few parts in the world where we will have voters queue up for half-a-day or even more to get registered and then stay on to vote and stay on to see the votes counted. In effect, they devoted their entire day to the democratic process. This has happened in Nepal. Nepali voters and the Nepali electorate deserve commendation.

Nepal is a responsible, law-abiding, democratic member of the community of nations. That Nepal is prepared to do its bit to promote world peace and security, which is why we take an active interest in participating in peacekeeping and peace-building missions and post-conflict construction programs at the level of the United Nations. Also, Nepal has been at the forefront of promoting democracy, deepening democracy, upholding the leaders of democracy up and down in South Asia region. It is a role for which Nepal has not always been given its due commendation, but those who are knowledgeable enough know that Nepal is instrumental to fostering, promoting, deepening and widening democracy across the region. This is why we cannot afford to have it wrong domestically. We cannot possibly be preaching democracy abroad and practicing something else at home.

Good governance should be the aim of every government in power. The first 60 years were years during which we were learning the ropes, we cannot, in my view, justifiably make such a case for the next 60 years. By now we should begin to show the rest of the international community where and what our ultimate destination will be. That is to develop a united, indivisible, cohesive, developed democratic nation that will occupy its right place in the community of nations, contributing to world peace and global security.

Observation of Nepal’s Constituent Assembly Election-2013 | 53 Comprehensive Report Chapter 5 ANALYSIS AND FINDINGS

A common feature of the reports from the NEOC observers is that, in almost all constituencies that they covered both voters and political parties considered the EC a credible organization. Other stakeholders like the media and CSOs also expressed their general satisfaction at the way the EC conducted itself. Indeed, it was a tribute to the EC’s reputation for fairness that none of the elections official was threatened by anyone. Even poll-opposing parties respected the election officials. Perhaps the most significant concern raised with respect to the EC's efforts is due to the issue of VR. The EC was generally praised for its efforts to purge the old rolls of deceased, multiple registrants and duplicate registration. Unfortunately it appears that many people were never able to register to vote, primarily, according to interviews with NEOC observers, because they could not prove citizenship during the registration campaign or because they were out of the country or in another part of Nepal when the EC launched registration campaign. The other primary shortcoming, which apparently impacted far fewer persons, involved people who did register during the registration campaign but whose names did not appear on the final voter lists. The only plausible explanation that came to the fore, based on interviews with district election officials and political party representatives, is that many voters may not have shown up during the cleaning up process for the list of voters. According to election officials, voters were apparently given several opportunities to check if their names were on the electoral roll.35 According to a prominent international election observation mission-The Carter Centre, the EC managed to keep the technical side of the process largely on schedule while acting in an impartial manner, despite the constitutional crisis, the tight timeframes for conducting the election in a geographically complex country with difficult terrain, and constant threats of poll disruption by poll rejecters. In most constituencies, the EC managed to deliver necessary materials needed for polling on schedule, including voter rolls and ballots. Despite delays in delivering training materials in some districts, training of polling and counting officials was carried out professionally at the sessions attended by the Centre's observers.36 NEOC observers managed to observe very few of such sessions and found similar impression as The Carter Centre did. Although breaching of the CoC by parties and candidates did not constitute a major fiasco, the incidences happened on a number of occasions with impunity. As excavated in preliminary reports of various international and domestic observation groups, NEOC observers too found parties, candidates and their supporters indulged in improper placement of posters and other forms of campaign literature and the use of motor vehicles and helicopters during campaign events beyond the criteria set by the EC. With the exception of isolated events – perhaps the most serious of which was the killing of the candidate in Bara district allegedly by UML leader Ram Chandra ‘Pyasi’ Kuswaha, no major incidences of violence took place despite looming law and order vacuum especially in the Terai region. In addition to vigorous schedules of campaign rallies and other form of political outreach, parties and their candidates also carried out substantial get-out-the-vote efforts. Both major parties issued lengthy manifestos focusing on issues of concern to the general public, but neither political leaders

35anfrel.org/wp-content/uploads/2013/11/Nepal-Interim-Report.pdf 36www.cartercenter.org/.../Carter-Center-Nepal-Preliminary-Statement

54 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report nor candidates made any serious effort to explain how they would pursue the many ambitious economic and social goals described in the manifestos. Rather, the campaigns primarily focused on local development issues, loyalty to the cause of federating the state and inclusion. On October 30 the NDI and the Nepalese Chamber of Commerce in Kathmandu organized a major debate between the leaders of major political parties. The event basically remained a single episode since no any other efforts of similar nature were convened.

On E-day we did not witness any notable evidence of intimidation against voters, in or close to polling stations. There was no presence of police around polling stations in contrary to the electoral law. With some exceptions, no any signs of campaign material close to polling stations were seen and no major incident has been reported whether in the material organization of the pool or in its conduct as a whole. Election materials were available in all polling stations; vote-counting operations in the district headquarters encountered no hitches except that the UCPN-M and some other parties decided to boycott the counting which was a shocking event. In all locations where NEOC observers were present, they reported that political parties and independent candidates initiated vigorous, non-violent and sustained campaigns once the official campaign period commenced. Campaigning continued in most places until midnight on November 16, when the campaign period officially ended.

Although the security agencies comprised of NA, NP, APF and temporary police were perceived as efficient in handling the violence, in more insecure and remote districts voters were not entirely confident that the security personnel could provide a safe environment for campaigning and voting. The level of pre-election violence and intimidation led voters in some areas (e.g., Morang, Jhapa, Ilam, Saptari, Siraha, Dhanusha, Bara, Parsa, Mahottari, Dang, Kapilabastu, Rupendehi, Kanchanpur, Kailali, Surkhet and Jajarkot districts) to expect that E-day itself would be violent. Voters cited a number of possible scenarios such as attacks on voters by party workers including poll rejectors on the way to the polling station or on the way back.

Observers found that voter education appeared less effective in rural areas as compared to urban areas, nevertheless, observers noted that there were often no enough print materials from EC available in local languages in areas inhabited largely by linguistic minorities. NEOC finds that party and candidate registration was generally inclusive and conducted without undue obstacles except in few places such as Constituency-7 of Jhapa, giving voters a wide choice of political options and respecting the right of citizens to be elected.

With a fractured mandate the poll gave, the formulation of a new Constitution is again going to be a challenging task.37 The power equations changed in the second CA elections with the maximum seat scorer, the UCPN-M in the 2008 elections, ranked in third position in the second CA election held in 2013. On the other hand, mainly due to fragmentation and personality clashes, the Terai-based parties representing the people of the plains in southern belt have lost FPTP seats even though their share of votes remains more or less the same. The mainstream NC and CPN-UML emerged as clear winners of the elections.

The indispensible efforts of the EC, with exerted support from the various national and international stakeholders, endorsed a successful election nationwide with a few exceptions. Nevertheless, in order to make polls possible on time, the EC had to overcome some serious challenges including electoral rolls not updated but voter’s identity cards were issued to those who had registered with a

37http://www.epw.in/system/files/pdf/2014_49/4/Rightward_Drift_in_Nepal.pdf

Observation of Nepal’s Constituent Assembly Election-2013 | 55 Comprehensive Report year earlier. In addition to all these constraints, a very large number of voters, estimates vary between three and five million, who work abroad remained deprived casting their votes. One of the reasons behind a very high voter turnout has to be the exclusionary conditions prior to elections. Charges of pre-poll scheming and post-poll frauds are impossible to establish.38

In similar context, the advantage the new CA has over 2008 CA, the one that got dissolved around one and half year ago due to arguably extrajudicial directives of the Supreme Court, is that the people in general seem to have low expectations from the newly elected CA members. The fear remains that the more than six decade-old aspiration of the Nepalese to have a constitution promulgated by their own representatives may again remain unfulfilled. The new assembly is tasked with the responsibility of formulating a new Constitution within a year and thereafter, will function as a normal parliament until the next general elections. Meanwhile, the monarchist party advocating an end to secularism and reverting to a Hindu state, the RPPN, failed to win a single seat in FPTP but has become the fourth biggest party in CA-II as it managed to garner an impressive number of PR votes, especially from urban areas including the Kathmandu Valley.39

Drawing new constitution by enshrining all key principles of democracy and human rights within the stipulated timeframe and according to an approach of general consensus should form the key action of the CA. The Maoists should follow suit while also playing a strong opposition role. The parties should avoid making exclusionary coalitions that could give them total authority in the drawing of the constitution. Following the country’s recent decade-long armed conflict and considering its diverse ethnic and caste fabric, it is indispensable to facilitate consensus and promulgate a constitution that meets the essential rights of all citizens. During the previous assembly, federalism emerged as the favored model of governance for the country, and it featured as a central topic on the manifesto of all parties that contested the new CA election. Regardless of its ethnic or geographical variants, the adopted model of federalism should not push the country to the state of further division and rift but rather it should solidify the national unity and understanding by empowering the traditionally marginalized ethnic groups and castes and fomenting systematic inclusion. Comprehensive social inclusion and representation are integral to the maturing of the peace and democratic processes in Nepal but inclusion must not lead to humiliation and exclusion of others. Nevertheless, any effort to this effect must not compromise the spirit of democratic competitiveness, free and open society together with the people's right to use their sovereign power.

Furthermore, there is a reasonable concern that elections for local government units have not taken place in the country for over a decade. However, some believe that the clamor for its elections at this juncture appear conspiratorial as the form of federalism has yet to be incorporated in the Constitution. The Interim Constitution does call Nepal a “federal democratic republic”, but that is more a statement of intent rather than reality. Some argue that the formation of local government units before the promulgation of a new Constitution may undermine the agenda of federalism. Although in reality, there is an immense needs to hold the election of the local government, as the bodies are vacant for the last more than 12 years.40

38Ibid 39 Ibid 40Ibid

56 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

Chapter 6 RECOMMENDATIONS

A. General Recommendations a. Comply with election calendar to ensure timely conduct of elections The 2013 CA elections came into being only after the dissolution of the CA in 2012. With much uncertainties and repeated postponement of the CA elections, there was a limited and very short time period left for the finalization of much of the electoral framework, including the promulgation of the election laws after removing constitutional hurdles which created a higher degree of uncertainty and affected the process for the selection of candidates by political parties, the official and public scrutiny processes and the issuing of rules for both domestic and international election observers and most importantly, the production and distribution of the voter ID cards. Ample time is required for stakeholders to understand the laws, for political parties to adopt and publicize their electoral manifestoes and select their best candidates, for those candidates to plan and conduct their optimal campaigns under the law, for any legal challenges to be fully adjudicated, for domestic election observers and poll agents to be trained, for candidates to engage in public campaigning including organized debates, for the media to cover all aspects of the campaigns, and for the voters to weigh their choices intelligently. b. Enforce campaign finance ceiling NEOC has witnessed in each past election that the system of electoral campaign finance offers poor accountability. This is one of the least checked components of electoral engineering. There are instances of hardly any violator brought to justice even though violations are self-evident. Due to deeply entrenched culture of impunity, the wrongdoers are often let scot-free. Despite strict CoC in terms of campaign financing, election officials are not bothered enough to take necessary measures to halt such act of non-compliance. Overspending is justified allegedly out of necessity (e.g. to use helicopters due to inaccessibility, expensive cost to mobilize volunteers and campaign materials) and also due to unhealthy competition among the contestants prompting the rivals to spend more than the ceiling often no source disclosed. c. Ensure conducive atmosphere and safeguard the secrecy of the ballot Voters have the right to cast their ballots in a safe and neutral environment. A free voting process in which a citizen can cast a secret ballot free of intimidation or coercion and in which each person’s vote has equal weight is a cornerstone of a democratic election process. By most accounts, the CA elections involved very low levels of violence and intimidation of voters, but the saturation of campaign materials and candidates access in and around some polling centers violated not just election laws, but also international best practices by erasing the political neutrality of the polling centers. Thus, the EC and individual presiding officers, with the support of security personnel, should ensure the neutral environment in, around and en route to all polling centers by removing campaign materials and illegitimate mobility of candidates and other unauthorized persons. By law, polling officials must strictly ensure secrecy of each casted vote although persons needing assistance can have someone help them. d. Uphold human rights and ensure gender justice and comprehensive inclusion Nepal is obliged to guarantee people's right to take part in the government as well as the right to equal access to public service as enshrined in the UDHR. Similarly, under the obligation of Article 7 of the CEDAW, right of women to vote and their right to represent in different tiers of government must be guaranteed with agreed quota and the provision for affirmative action.

Observation of Nepal’s Constituent Assembly Election-2013 | 57 Comprehensive Report Similarly, any acts of racial, caste-based and regional and religious discrimination in electoral participation and representation should be strictly prohibited. Constitutional, legal and administrative measures should be in place to mainstream marginalized section of the society, in particular, the dalits, indigenous nationalities and sexual minorities.

Accordingly, as a state party to CRPD, Nepal is obliged to act in compliance with the Article 21, 22, and 29 which demand the guarantee of the rights, access, privilege and representation of the people with disabilities in participating in elections. B. Recommendations for Political Parties and Candidates

On election manifestoes: The standard practice by political parties of drafting their election manifestoes on the eve of an election serves neither the voters nor the parties well. Voters have too little time to go through the document, the press has too little time to compare them and parties have too little time to publicize them. In practice, political party election manifestos were found to be inaccessible to voters, unread by candidates and often ignored by candidates and political parties soon after the elections were over.

As such, political parties should develop standing policy platforms based on their defining philosophies and their translation into policy principle.

On Spending Limits: Political parties should adhere to the expenditure ceiling set by the EC. As an authorized institution the EC should strictly enforce the law parties and candidates to submit their transparent and verifiable election expenditure on time to election body.

On Election Violence: Political parties, candidate and their supporters should refrain from engaging in acts of electoral violence as well as incite any form of violence, intimidation and hatred by strictly abiding by election CoC at all times.

Parties and candidates should be barred from vote buying and such acts should be punishable by law. At the same time, political parties and candidate be discouraged to resort to unachievable promises slogans to woo the voters during electioneering. C. Recommendation for the Government

On Mandate of EC: The government should ensure that the EC is allowed to function with full independence and autonomy. No interferences should be made it either by the government or the political parties or any other entities. Voter registration, fixing of threshold and announcement of election date (except for by-election), fixing the timeline for party registration etc should be made entirely independent jurisdiction of the EC. To ensure institutional continuity, the commissioners' position should not be made entirely vacant and the trend of the frequent transfer of EC staff should be put to a halt. Similalry, The fearless independence of the EC must be guaranteed at all times by Constitutional and other legal frameworks. The appointment of the officials should be fully transparent and epoliticized. The secretariat staff must be able to perform their functions free of outside interference at all times. The fiscal autonomy should be provided with a stable, adequateand timely source of funding that allows the EC to fulfill its mandates effectively and independently over the course of the election cycle as per the ANFREL initiated provision of the Asian Declaration on Free and Fair Elections reinforced.

58 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report On Out-of Country Voting: Since a considerable number of eligible voters live and work outside of the country, the government should explore the possibility of out-of-country voting to ensure enfranchisement of overseas contractual laborers and diaspora community.

On Appointments: The government should not make any major commitments, appointments, transfer and promotion and posting of public officials. D. Recommendations for the Election Commission

On Money, Material and Human Resource Management: The capacity of the entire EC staff and personnel engaged in election should be enhanced through customized professional training including counting protocol. EC should attempt to explore thrifty measures in its management and operation for its sustainability. Information on delivery of election materials and inventory forms should be available to party agents, candidate representatives as well as observers.

On Voter Access and Turn Out: With the mechanics of the elections in place, the EC should focus on improving access for several disenfranchised groups of voters. Provisions must be made to enable disabled population to vote. Systems such as voting facilities on accessible areas should be put in place to ensure full access of disabled and elderly voters in future elections. EC should remain vigilant to ensure that the rights of traditionally disadvantaged groups, female and illiterate voters are respected. In particular, ensuring that all voters understand voting procedures would likely accelerate the voting process and ameliorate longer lines. Appropriate dissemination of voter information and education via community institutions, religious institutions, immigration counters and any government facilities is desirable so that voters have wider opportunities to register and be informed on voting processes.

On Electoral Education: EC should ensure that civic and electoral education is strengthened with the involvement of CSOs, NGOs, women's groups, youth, associations of persons with disabilities, the media and other credible political and other social sectors by ensuring ethnic, religious and linguistic diversity. EC should coordinate even with the CSOs, NGOs while conducting voter education, training for election officers and other similar activities. EC should verify identity of voters to improve the polling process and reduce the time of voting. EC should make sure that ballot boxes are placed properly to effectively ensure the secrecy of voting procedure.

On Gender Justice: EC should pay attention to ensure gender-sensitive and inclusive electoral procedures and activities in the process of appointing employees, forming monitoring teams, issuing permission for observation, recruiting temporary staff, procuring expert services, registering political parties, filling candidacy, issuing CoC, and operating voters’ awareness campaigns, among others.

On Voter List: One crucial area of reform lies in updating voter's list. The cases of disenfranchisement of voters, ID cards not tallying with voter's list, residency requirement depriving homeless and rural people working in urban areas, distance factor especially in hills and mountains have drawn major concern. Thus, such situation should be addressed in order to facilitate all eligible voters to vote conveniently.

It is incumbent upon the EC to maintain the voter list to the high standard it has established through various new technologies. To that end, the EC must make a concerted and well-communicated effort to maintain both the accuracy of the list and the currently high level of public confidence in the list’s integrity. In addition, the EC should accompany this effort with a significant and nationally consistent campaign to help voters understand the procedures for adding and removing their names to and from

Observation of Nepal’s Constituent Assembly Election-2013 | 59 Comprehensive Report the list in the locations where they reside. Also, the voters should be educated about these various processes of how and why is it important to check their names and information on the voter roll.

On Code of Conduct: While thorough measures should be employed to educate election stakeholders about codes of conduct and persuade them of the need to follow them, compliance with CoC should be monitored and unethical behavior should be exposed. Where a violation of a CoC constitutes a breach of electoral law, it must be prosecuted to the full extent of the law. E. Recommendations for the Nepali Press

On Professional Election Reporting: Media houses should prepare their journalists early for efficient ways to locate and understand required disclosures from candidates, including campaign promises, and how to assess their validity during the limited timeframe of the election. Journalists covering elections should be up-to-date with the political developments with critical analysis skills and sound knowledge on election affairs.

On Independent Electoral Coverage: Journalists should be prepared to report more comprehensively and avoid chronicling the campaign of a single candidate in a single story. Instead, journalists should incorporate coverage of a candidate’s opponents, including an opportunity to comment, and reaction from voters into reporting alongside analysis by recognized experts. The media houses should aggregate information available from their field correspondents into a coherent unified national portrait, which may confirm or conflict with the strategy of the national level of the individual political parties.

Specific Recommendations v The EC, media, civil society and NGOs should play crucial role in broadening electoral education and voting skills of the electorates in those election constituencies where voters' turn out is considerably low and invalid votes are high. v Delimitation of constituency should be done with a scientific approach to strike correct balance between demographic and geographic components. Also, the delimitation should be carried out in such a way that all eligible voters should be given equal opportunities of political representation and the endeavor should corroborate with the latest National Census with no room for gerrymandering. v Disqualification of the candidature found in criminal offenses, law-breakers and anti-social elements must be enforced in true faith. This is the way to uphold the rule of law, protect politics from criminals and overcome citizens from being alienated and disaffected. Party tickets should be given through a democratic mechanism that is, taking into account the suggestions of local party offices than personal preference of central leaders. v The current electoral model, especially the provision related to PR system as it has become very controversial, needs to be revisited to prevent possible distortions and deviations in the competitive and representative democracy. Parties should democratize themselves in the first place to ensure diversity and inclusion within their rank and file. Thereby, they can field a diverse

60 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report and inclusive array of candidates for election. Ideally, the ratio of FPTP should be accorded comparatively more weight-age in the representation vis-à-vis PR system. This has become imperative to promote link between constituency and their representatives, as well as to enhance the accountability of the elected representatives to their electorate, that is, the people themselves. In the case of "closed list" under PR category, a system of original numerical order at the time submitting of the list should be maintained in electing the representatives. v Amidst various crucial controversies, the adoption of PR process aiming to ensure participation of the marginalized and externalized communities whose close to nil probability of competing in the FPTP process due to various reasons, has scored itself a prime spot. After witnessing the misuse of the system by the parties packing the assembly with their family, caste, clan, and friendly business communities the electoral system is compelled to be called flawed. Due to multiple complications associated with the PR system, risk is now high that the PR process is likely to be downgraded in the new Constitution. The entirety of the representation model, thus needs to be critically reviewed so that correct fusion could be sought between the essence of competitive democracy and the long-cherished inclusice approach. v Since it has been experienced that not having "threshold" in the popular votes obtained by political parties have resulted in the unrepresentativeness of the house, endless fragmentation of political parties as well as unmanageable character of the political coalitions, it is advisable to introduce certain level of threshold in the electoral system. v Since election monitoring and observation is a right of every citizen as the process significantly contributes to help deter fraud, manipulation and corruption in election. It obviously improves public confidence and trust in the system. Hence, it is incumbent of the EC and other state agencies to create a conducive environment to facilitate both domestic and international observation missions to carry on their activities without undue restrictions. The EC should screen, identify and recognize the merits of genuine observation groups to ensure the quality of observation. No restriction should be imposed on observers in observing any of the electoral activities, including printing and dispatch of ballot papers and counting of the ballots. In sum, the EC should set out clear rules for timely accreditation of domestic and international observers and apply them fairly and consistently. v It has been observed during the last CA election, on several instances, children were used for various political campaigns which clearly represents violation of the Article 10, 32 and 35 of the EC's CoC as well as the provisions of the Convention on the Rights of the Child, 1989. Political parties are strongly advised to make public pledge guaranteeing the prevention of such acts in the future. Nevertheless, the opinion of children in the electoral exercise and constitution-making process must be respected in accordance with the provision of the Convention on the Rights of the Child. v The transfer of ballot boxes to district headquarters has become a cumbersome job due to geographical terrains and other logistic contraints. Thus, keeping the advantages of vote counting at polling stations in terms of speed, time and cost effectiveness, interim results can also be released faster than at a counting centre. This will also be in advantage for national and

Observation of Nepal’s Constituent Assembly Election-2013 | 61 Comprehensive Report international electoral observers, party representatives and candidates stay during the counting process. This makes supervision easier for the person in charge of the polling station. Counting at polling stations indirectly promotes participation of the population since the process is not only closer to their home, but they can actually watch it, making the results more tangible. v The concept of 'one candidate one constituency' is cost-friendly and apparently helps control financial irregularities in the elections. Top leaders often vying for elections from multiple constituencies is also seen unethical as well as betrayal to the voters of the vacated constituency. Thus, the EC should engage in dialogues with political parties and the parliament to explore the ammendment of the current electoral laws to allow one candidate to contest elections from only one constituency. v Electronic voting has received praise due to the many advantages that it provides in comparison with other voting systems which can be involved in any one of a number of steps in the setup, distributing, voting, collecting, and counting of ballots, and therefore may introduce advantages into any of these stages. For the ease of tabulation quickness and efficiency, without human error, disability and elderly-friendliness, it is recommended that the EC consider, while keeping in view the cost factor, exploring the viability of EVMs in the upcoming elections.

62 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report STATISTICAL GLANCE

NEOC collected opinions and information mobilizing 10,028 domestic observers covering 240 constituencies in all 75 districts of Nepal. The reports from international observers has also been collected and compiled. To make the date collection more comprehensive, strict circular had been made to observers to cover at least three polling locations by each of them on the day before election, the E-day and the day after election. A standard checklist had been developed (set of pre-tested questionnaires) to ease the process. The questionnaire contains several questions under different sections like pre-election setting, polling centers and surrounding environment, pre-poll setting, voting procedure, post-poll setting and over all audit of electoral process. Each question is provided with three option i.e. Yes, No and Don't know. For the first two options observers need to mark any one of the respective columns while if the observers are not sure or don't know the answer, they just need to leave all options vacant.

NEOC observers also communicated with over 30,000 people in-person throughout the country to collect the responses on above issues individually and/or in groups following purposive sampling methods. In order to make the locals' representation more inclusive, NEOC had developed clauses, which strictly conforms that- the respondents should constitute at least fifty percent female and inclusiveness of all ethnic and social orientation should be maintained including the perceptions of senior citizens and persons with disabilities.

Out of 30,000 observation forms circulated to observers throughout the country, NEOC managed to collect 18,000 plus filled forms. Of those, NEOC sampled and analyzed10,000 forms by archiving in SPSS database software. The data derived from the samples emerged the following statistics:

Observation of Nepal’s Constituent Assembly Election-2013 | 63 Comprehensive Report

64 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Casting of Tendered Ballots 1382 3943 4675 Management of Tendered Ballots 1829 3577 4594 Incidents of Multiple Voting 398 8877 725 Deprived Eligible Voters 967 8680 353 Casting of Separate Ballot Papers 8912 713 375 Separate Distribution of two kinds of Ballot Papers 9863 51 86 Secrecy of Ballot 9834 54 112 Signature of Polling Officer on the Ballots 9953 0 47 Use of Indelible Ink 9967 0 33 Verification Verification of VR List 9788 31 181 Queuing Orderli - ness 9813 34 153 Arrangement of separate entry and exist lane 9318 453 229 Presence of Unau - thorized Person(s) 2342 7004 654 Yes No Don’t Know

Observation of Nepal’s Constituent Assembly Election-2013 | 65 Comprehensive Report

66 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

Options General Audit of Electoral Process Good: No forms of irregularities 8537 Average: Minor incidences of irregularities 1382 Bad: Multiple incidences impacting the overall result 81 Very Bad: Unacceptable magnitude of incidences 0

Observation of Nepal’s Constituent Assembly Election-2013 | 67 Comprehensive Report QUESTIONNAIRES

A. Observation Questionnaire for National Observers

68 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

Observation of Nepal’s Constituent Assembly Election-2013 | 69 Comprehensive Report B. Observation Questionnaire for International Observers for B. Observation Questionnaire

70 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

Observation of Nepal’s Constituent Assembly Election-2013 | 71 Comprehensive Report REFERENCE

Publications • Bhagat, Ajana Kaw, 1996, "Election and Electoral Reforms in India." • Baral, Lok Raj and Leo E. Rose. 1998. "Democratization and the Crisis of Governance in Nepal," eds. Subrata K. Mitra and Dietmar Rothermund. Legitimacy and Conflict in South Asia. New Delhi: Manohar Publishers. • Siwakoti, Gopal Krishna, "Beyond Border", INHURED International, 2012 • Comparative perspective on Central America, Mexico, and the Dominican Republic; IFES, TEPJF, TSCR, IIDH, IFE; San José, 2000. • Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), signed in New York City, 18 December 1979, entered into force 3 September 1981, 1249 UNTS 13 • Cooper, Robert. 1999. "Integration and Disintegration," Journal of Democracy, Vol. 10, No.1, January. • Chandra Kanta Gyawali and Prakash A Raj. Federalism in the World, Jan Sewa Printers, First Edition, 2010 • Chandra Kanta Gyawali and Birendra Mishra Forms of Government, HUDEP Nepal, 2009 • Cowen, Michael and Liisa Laakso, "An Overview of Election Studies in Africa," The Journal of Modern African Studies, vol 35.4. 1997 • Dahal, Dev Raj 1997. Challenges to Good Governance in Nepal a report submitted to International Institute for Electoral and Democratic Assistance, Stockholm, Sweden, October. • Electoral Commission of South Africa, "CoCfor Political Parties," Election Administration Manual of South Africa, Chapter 5, 1997 • Elklit, Jorgen and Palle Svensson, "What Makes Elections Free and Fair?" Journal of Democracy, vol. 8.3. 1997 • Goodwin-Gill, Guy S. Free and Fair Elections. International Law and Practice. Inter-Parliamentary Union, Geneva. 1994 • Election Commission, 1995. Electoral Process in Nepal, Kathmandu: EC. • International IDEA, 1997. Consolidating Democracy in Nepal. Stockholm: International IDEA. • Electoral: Evaluación y perspectivas; IFE, PNUD, IIJ/UNAM, IFES, IDEA, TEPJF, Mexico City, 2001. • El contencioso electoral/la calificación electoral, in: Dieter Nohlen, Sonia Picado, and Daniel Zovatto (eds.), Tratado de derecho electoral comparado de América Latina (Treatise on comparative electoral law of Latin America); IIDH, University of Heidelberg, TEPJF, IFE, FCE, Mexico City, 1998. • European Union EOM to Nepal, Constituent Assembly Elections, 19 November 2013, Final Report, February 2014 • Gyawali, Chandra Kanta, 2006, "Constitution, Constitutionalism, Constituent Assembly and Restructuring of the State," Kathmandu, Nepal • Gyawali, Chandra Kanta-2068, Nepalese Constitutional Law, Pairavi Prakashan, Kathmandu,Nepal • Gyawali, Chandra Kanta -2008, Federal System and Electoral System, Kathmandu, Nepal. • Gyawali, Chandra Kanta-2009, Electoral System in Federation, Kathamandu, Nepal. • INHURED International, sub-committee on ICCPR, HRTMCC, Assessment on Implementation of Core Human Rights Treaties, with special focus on ICCPR, Kathmandu. 2010 • International Institute for Democracy and Electoral Assistance, Evaluating Election Observation Missions: Lessons Learned from the Russian Elections of 1996 (1996). • International Institute for Democracy and Electoral Assistance (1997). • International Institute for Democracy and Electoral Assistance. Lessons Learnt, International Election Observation. Stockholm, 1995 • Jardim, Torquato. "Equality of Opportunities Essential". Elections Today, IFES, vol. 8.3, September 1999 • Kingsley, Jean-Pierre, "Campaign Finance Reform an Ongoing Task," Elections Today, IFES vol. 8,3, September 1999

72 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report • Kumar, Krishna, International Assistance for Post Conflict Elections, draft 1999. • Kumar, Krishna ed., Post Conflict Elections, Democratization and International Assistance, Lynne Rienner Publishers, Boulder. 1998. • Managing Elections in Fragile States: A Comparative Analysis of Post-Conflict Electoral System Design in Nepal and Kosovo, January 2007 • Mishra, Birendra P. 1999. "Elections '99: Yet Another Milestone," The Kathmandu Post, June 29. • National Democratic Institute, Asian Monitoring Conference, Washington, DC, 1999. • National Democratic Institute for International Affairs (NDI), Promoting Legal Frameworks for Democratic Elections: An NDI Guide for Developing Election Laws and Law Commentaries, by Patrick Merloe (Washington, 2008) • Nohlen, Dieter. 1996. Elections and Electoral System. Delhi: Macmillan, India Ltd. • Narayana's, P.S., 2004, "Law of Elections in India", Alt Publications, Hyderabad, First Edition, India. • OSCE/ODIHR, Existing Commitments for Democratic Elections in OSCE Participating States, principal author Daniel Finn, (Warsaw, October 2003) • OSCE/ODIHR, Resolving Election Disputes in the OSCE Area: Towards a Standard Election Dispute Monitoring System, OSCE Office for Democratic Institutions and Human Rights, by Denis Petit (Warsaw, 2000) • Organization of American States, Manual for the Organization of Election Observation Missions, Washington, 1998 • Pandey, Devendra Raj, 1999, "Comparative Electoral Processes in South Asia," Nepal South Asia Centre. • Report of the Global Commission on Elections, Democracy and Security, Deepening Democracy: A Strategy for Improving the Integrity of Elections Worldwide (September 2012) Published by International IDEA and the Kofi Annan foundation, 70 pp. (26 November 2012) • "Sambaidhanik Nikayaharuko Sudridhikaran, Samasys Ra Samadhan," (Consolidation of Constitutional Organs: Problems and Solutions), paper presented at a seminar organized by National Democratic Institute, Kathmandu, November 29, 1999. • Sanderson, John and Michael Maley, "Elections and Liberal Democracy in Cambodia," Australian Journal of International Affairs, vol. 42.3. Canberra, 1998 • Shaha, Bishnu Pratap. 1998. "Nirbachan Pranali Ra Loktantrako Sudridhikaran," (Electoral System and the Consolidation of Democracy) paper presented at a seminar on Politics of Consensus and Implementation of Constitution, organized by NCCS in cooperation with FES, November 12, 1998, Kathmandu. • The Carter Center, Dispute Resolution Program, Guide to Electoral Dispute Resolution (D. Finn, drafter), January 2010, 135 pp. • United Nations, International Covenant on Civil and Political Rights (ICCPR) and Optional Protocol (No 1, allowing individuals to submit complaints to the Human Rights Committee), adopted by the UNGA on 16 December 1966 and entered into force 23 March 1976 • UN, Human Rights and Law Enforcement, a Manual on Human Training for the Police (High Commissioner/ Centre for Human Rights Professional Training Series No. 5, 1997). • UN High Commissioner for Human Rights, Human Rights and Law Enforcement, International Standards and Guidelines for Monitoring, Training and Advice, U.N. Doc. HR/PUB/96/1 (1996) • UN Centre for Human Rights, Human Rights and Elections, U.N. Doc. HR/P/PT/2 (1994). • United Nations, Universal Declaration of Human Rights, UN General Assembly Res. 217 A (III) (10 December 1948) • UN, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, UN General Assembly Res. 53/144 (8 March 1999), UN Doc. A/RES/53/144 • UN Human Rights Committee, General Comment 25 of the United Nations Human Rights Committee on Article 25 of the International Covenant on Civil and Political Rights (12 July 1996), UN Doc. CCPR/C/21/ Rev.1/Add.7, General Comment No. 25 (General Comments)

Observation of Nepal’s Constituent Assembly Election-2013 | 73 Comprehensive Report Electronic Information Resources • anfrel.org/.../The-Bangkok-Declaration-on-Free-and-Fair-Elections • Article 19. http://www.article19.org (An NGO that monitors, lobbies and litigates on behalf of freedom of expression). • Association of African Election Authorities. Charter http://www.ifes.org/afrassoc1/afrassoc/index.htm • Association of Asian Election Authorities. http://www.ifes.org/AsiaAssocSite/a_asia_ea/s_gray.htm • Australia. Code of Conduct for Public Employees in Southern Australia http://www.transparency.org/ documents/source-book/c/cvC/c3.html • Australian Electoral Commission. Http://www.aec.gov.au • www.cartercentre.org • Context and Objectives of UN Electoral Assistance, Department of Political Affairs, Electoral Assistance Division. http://www.un.org/Depts/dpa/ead/website5.htm • Center for Civic Education: CIVITAS, A Framework for Civic Education, http://www.civnet.org/resources/ teach/basic/civitas/exe.htm • Campaigning in Democratic Elections, CoC for Political Parties, http://www.idea.int/publications/conduct/ polparties.pdf • www.electioncommission.gov.np • Electoral Commission of India. Site contains factual information, policy guidelines and handbooks for the Indian Elections. http://www.eci.gov.in • Guidelines for Election Broadcasting in Transitional Democracies. 1994 http://www.article19.org • Guidelines for Determining Involvement in International Electoral Observation. http://www.idea.int/ publications/guidelines_for_determining.pdf • Gray, Bill. Conducting a Non-Partisan Civic Education Program, Australian Elections Commission. Paper reprinted at the Association of Asian Election Authorities site: http://www.ifes.org/AsiaAssocSite/a_asia_ ea/s_gray.htm • Grolier Online. Women's Suffrage, 1996 http://gi.grolier.com/presidents/ea/side/wsffrg.html • Handbook for Electoral System Design, http://www.idea.int/publications/system-design.html • International Institute for Democracy and Electoral Assistance. CoCfor the Ethical and Professional Administration of Elections. http://www.idea.int/publications/conduct/admin/intro.htm • International Covenant on Civil and Political Rights. http://www.amnesty.org/ • International Foundation for Electoral Systems. Http://www.ifes.org • International Republican Institute. Http://www.iri.org • Lessons Learned and Challenges Facing International Election Monitoring, 1999 http://www.ndi.org/ndi/ programs/electionprocesses/publications/electionlessons.htm • Maabong, Regaldo. New Technologies of Modernization in Electoral Administration. The Philippine Experience. http://www.ifes.org/AsiaAssocSite/a_asia_ea/s_maam.htm • Mishra, Dr. Birenda Prasad, Campaign Finance and Disclosure in Nepal http://www.ifes.org/ AsiaAssocSite/a_asia_ea/s_mishra.htm • NAMFREL. (Philippines) Monitoring NGO. List of what to watch out for during voting. http://www. kababaihan.org/wewatch98/fraud/fraud-tips.htm • National Democratic Institute, http://www.ndi.org • Resolution Adopted by the General Assembly on the Role of the UN in Enhancing the Effectiveness of the Principles of Periodic and Genuine Elections and the Promotion of Democracy, http://www.un.org/depts/ dpa/ead/2res96.htm • Society of Professional Journalists, Code of Ethics, 1999 http://spj.org/ethics/code.htm • South Africa Electoral Institute. http://www.eisa.org.za

74 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Annex 1 INTERNATIONAL OBSERVERS

Dr. Nimalka Fernando Dr. Paul Hagen Dr. Twarakavi Venkata Mr. Aarne Antti Juutilainen Mr. Aki Kristian Kipina Sri Lanka United States of America Subba Rao, India Finland Finland

Mr. Anoop Sukumaran Mr. Farooq Tariq Mr. Imran Laghari Khan Mr. John Williamson Mr. Micheal Vurens Vanes India Pakistan Pakistan United States of America Australia

Mr. Mohiuddin Ahmad Mr. Nizam Ahmed Mr. Reko Ravela Mr. Remy Geoffroy Mr. Ross Adkin Bangladesh Maldives Finland France United Kingdom

Mr. Sampo Villanen Mr. Sandeep Chachra Mr. Veerawit Tianchainan Ms. Annegret Triesch Ms. Eekku Aromaa Finland India Thailand Germany Finland

Ms. Francez Klatzel Ms. Gael Robertson Ms. Riikka Jalonen Ms. Sabine Wamser Ms. Siri Ekbum Ms. Tiina Mirjam Noro Canada United Kingdom Finland Germany Sweden Finland

Observation of Nepal’s Constituent Assembly Election-2013 | 75 Comprehensive Report Annex 2 Eminent Persons/ National Observers

Eminent Persons Special Guest- Observers S. N. Name 1 Surya Prasad Shrestha 2 Damannath Dhungana 3 Padma Ratna Tuladhar 4 Nilambar Acharya 5 Prof. Kedar Bhakta Mathema

Central National Observers

S. N. Name 24 Ajay Mani Dixit 49 Nir Bahadur Karki 1 Prof. Kapil Shrestha 25 Dr. Sameer Mani Dixit 50 Kedar Prasad Gautam 2 Dr. Netra Timsina 26 Ram Nagina Singh 51 Bhagwati Das Shrestha 3 Ganga Devi Rajbhandari(Kasaju) 27 Dr. Govinda Prasad Kusum 52 Prithvi Bahadur Pandey 4 Kedar Khadka 28 Sanat Kumar Basnet 53 Prof. Dr. Surendra K.C. 5 Bishnu Pukar Shrestha 29 Jagannath Bagale 54 Shreedhar Lamichhane 6 Dr. Gopal Krishna Siwakoti 30 Sushil Chandra Pandey 55 Madhav Prasad Nepal 7 Shobha Gautam 31 Dr. Bhogendra Sharma 56 Binod Kumar Shrestha 8 Bhawani Prasad Kharel 32 Dr. Sarba Raj Khadka 57 Narendra Prasad Joshi 9 Dr. Gauri Shankar Lal Das 33 Er. Ganesh Kumar Ghimire 58 Kapil Prasad Lohani 10 Charan Prasai 34 Kailash Upreti 59 Dr. Kusum Shakya 11 Stella Tamang 35 Chandra Kanta Gyawali 60 Bal Krishna Chaudhary 12 Tej Bahadur Sunar 36 Chandra Bahadur Tamang 61 Jamuna Paudel 13 Rana Bahadur Thebe 37 Tej Dutta Khakurel 62 Shailendra Guragain 14 Shanta Lal Mulmi 38 Chankra Pani Nepal 63 Ganesh Khaniya 15 Durga Sob 39 Ishwori Prasad Rajbhandari 64 Sumnima Tuladhar 16 Sharmila Karki 40 Rabi Raj Thapa 65 Chandrika Nanda Khatiwada 17 Dr. Arjun Kumar Karki 41 Krishna Bahadur Shrestha 66 Som Prasad Niraula 18 Dr. Sundar Mani Dixit 42 Umesh Kaji Shrestha 67 Hukkum Prasad Pokhrel 19 Dr. Prabin Manandhar 43 Kalyan Bhakta Mathema 68 Shobhakar Budathoki 20 Dr. Durgesh Man Singh 44 Deepak Kumar Regmi 69 Ram Krishna Kafle 21 Keshav Raj Jha 45 Dilli Bikram Basnet 70 Krishna Prasad Subedi 22 Dr. Khagendra Bahadur Shrestha 46 Shyam Bahadur Shrestha 71 Navaraj Basnet 23 Prof. Dr. Yuvaraj Sangraula 47 Gyan Bahadur Gurung 72 Menaka Rajbhandari (Shrestha) 48 Tara Pradhan 73 Keshav Raj Bhatta

76 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

74 Daya Sagar Shrestha 110 Maya Thapa 146 Dhak Bahadur Karki 75 Dr. Bipin Chandra Adhikary 111 Dipendra Bikram Tamang 147 Bijaya Prasad Shah 76 Krishna Subedi 112 Chaabi Lal Koirala 148 Safala Maiya Rajbhandary 77 Srijana Pokhrel Siwakoti 113 Sneha Lata Niraula 149 Priyanka Pokhrel 78 Pranab Bhattarai 114 Chatra Bahadur Pradhan 150 Indra Mati Newang 79 Mani Raj Rai 115 Kumar Ingnam 151 Parwati Basnet 80 Balram Krishna Manandhar 116 Nishesh Dhungana 152 Jwala Devi Kolkchyapati 81 Rajendra Bahadur Shrestha 117 Aruna Koirala 153 Jaya Dev Gautam 82 Kohinoor Mathema 118 Govinda Rijal 154 Bhakta Bahadur Bishwakarma 83 Madhav Narayan Pradhan 119 Rajkumar Gurung 155 Gopal hari Sharma 84 Siluka Lingthep 120 Govinda Gyawali 156 Ganesh Prasad Ghimire 85 Chandrakala Parajuli 121 Shobha Paudel Bhusal 157 Krishna Paudel (Ms.) 86 Seema Dhami 122 Neem Dorje Sherpa 158 Ram Lochan Jha 87 Gyanendra Kumar Aryal 123 Sonam Sherpa 159 Gopal Lamsal 88 Krishna Kumar Shrestha 124 Ghamaan Tamang 160 Govinda Prasad Sharma Koirala 89 Geja Sharma Wagle 125 Pasang Tamang 161 Bimal Pratap Shah 90 Laxmi Prasad Prasai 126 Tsering Nema 162 Keshav Raj Lohani 91 Alok Rauniyar 127 Dipesh Raj Sharma 163 Babu Ram Gautam 92 Bhaktimaya Kharel Thapaliya 128 Bishnu Sapkota 164 Ganga Sharma 93 Tulsi Thapa 129 Pradip Ghimire 165 Prajwol Shrestha 94 Sushil Nahata 130 Tilak Ram Lamsal 166 Yuvaraj Sharma Gautam 95 Mod Raj Marhatta 131 Tika Ram Pokhrel 167 Dr. Ramji Prasad Neupane 96 Mohan Chaudhary 132 Indira Kharel 168 Kishor Maharjan 97 Anil Piya 133 Sunaina Sharma 169 Nina Shrestha 98 Ratna Shrestha 134 Sangeeta Baba Chapagain 170 Padam Singh Karki 99 Kamashya Prasad Shrestha 135 Man Dahal 171 Romilal Shrestha 100 Rachana Angbuhang 136 Madhav Prasad Lohani 172 Kopila Adhikary 101 Fadindra Adhikary 137 Bishnu Prasad Pokhrel 173 Prakash Nath Uprety 102 Sharada Gautam 138 Narayan Bohora 174 Rajnarayan Nepali 103 Kishor Kumar Sharma 139 Indra Manandhar 175 Kamal Kumar Bishwakarma 104 Laxmi Karki 140 Sandeep Bista 176 Keshva Prasad Gautam 105 Shivaraj Sunuwar 141 Niyama Rai 177 Tek Nath Baral 106 Shreejana Singh Yonzon 142 Bidur Prasad Adhikary 178 Ram Prasad Subedi 107 Prof. Dr. Sushmita Singh Karki 143 Kriti Thapa 179 Suresh Kuman Gautam 108 Meena Agrawal 144 Chetanarayan Shrestha 180 Devi Prasad Khanal 109 Daauda Hussain 145 Benumaya Gurung 181 Kala Rai

The total number of national observers deployed directly from the central secretariat were 631. In 240 constituencies throughout the country, NEOC deployed 10028 domestic and 27 international observers.

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Annex 3 Executive Committee/ Secretariat/ Volunteers/Collaboration

Executive Committee S.N. Name Designation 1 Surya Prasad Shrestha Chairperson 2 Prof. Kapil Shrestha Vice-Chairperson 3 Dr. Netra Timsina Vice-Chairperson 4 Ganga Devi Kasaju Vice-Chairperson 5 Kedar Khadka Vice-Chairperson 6 Bishnu Pukar Shrestha Vice- Chairperson 7 Dr. Gopal Krishna Siwakoti Secretary General 8 Shobha Gautam Dty. Secretary General 9 Bhawani Prasad Kharel Treasurer 10 Dr. Gauri Shankar Lal Das Member 11 Charan Kumar Prasai Member 12 Shanta Lal Mulmi Member 13 Sudarshan Subedi Member 14 Tej Sunar Member 15 Durga Sob Member 16 Stella Tamang Member 17 Rana Bahadur Thebe Member

National Secretariat Team S.N. Name Designation 1. Dr. Gopal Krishna Siwakoti National Project Director / Secretary General

2. Bhawani Prasad Kharel Coordinator, Organizational Management/ Treasurer

3. Bikal Shrestha Program Officer

4. Deepika Naidu ICD Officer/ Head, International Observation Desk

5 Krishna Prasad Subedi In-charge, National Observers Coordination

6. Navaraj Basnet Co-In-charge, National Observers Coordination

7. Lhakpa Lama Manager, Finance/Administration

8. Bhim Neupane Program/Computer Operator

9. Binda Kumari Nepali Public Relation Assistant

10. Parbati Poudel Office Assistant

78 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report

Collaborating Organizations S.N. Name 1 NGO Federation of Nepal 2 Rural Reconstruction Nepal (RRN) 3 Center for Victims of Torture (CVICT) Nepal 4 Child Workers in Nepal Concern Center (CWIN) 5 INHURED International 6 National Human Rights Foundation (HURFON) 7 South Asian Partnership (SAP) Nepal 8 Women’s Rehabilitation Centre (WOREC) Nepal 9 Human Rights Council of Nepal 10 Association of Youth Organization Nepal (AYON) 11 Child Nepal (CN) 12 Forum for Protection of Peoples Rights, Nepal (PPR) 13 Blue Diamond Society (BDS) 14 National Senior Citizens Federation (NASCIF) 15 Advocacy Forum 16 Human Rights and Journalists’ Association (HURJA) 17 GoGo Foundation 18 RECPHEC 19 CAHURAST Nepal 20 IHRICON 21 Joint Forum for Human Rights 22 Human and Natural Resource Development Forum 23 Jagaran Nepal 24 YUWA 25 CONCERN-Nepal

NEOC also collaborated with over 5000 other social and human rights organizations at the regional and district level countrywide.

Media Center Volunteers/Interns S.N. Name Designation S.N NAME 1. Kedar Khadka Coordinator/ Vice- Chairperson 1 Rajani Kunwar 2. Pranab Bhattarai Team Member 2 Karuna Kharel 3. Bhadra Sharma Team Member 3 Nita Pandey 4 Madhav Nepal Team Member 4 Nirmala Chudal 5. Ganesh Prasad Ghimire Team Member 5 Ajay Phuyal 6. Krishna Poudel (Ms.) Team Member 6 Yagya Khatri 7. Ganesh Khaniya Team Member 7 Prabin Aryal

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NEOC-District Committee Presidents S.N. District Name 38 Lamjung Krishna Prasad Adhikary 1 Taplejung Bedhnidhi Poudel 39 Tanahun Govinda Pant 2 Panchthar Prem Ojha 40 Manang Kaman Gurung 3 Illam Mohansingh Thebe 41 Syangja Nirmala Tiwari 4 Jhapa Narayan Prasad Bhattarai 42 Gulmi Sita Bhusal 5 Sankhuwasabha Chewan Chandra Basnet 43 Arghakhanchi Shobhakar Panthi 6 Bhojpur Netra Binod Luitel 44 Nawalparasi Surshan Pant 7 Tehrathum Kamal Prasad Dhungana 45 Rupandehi Jiwan Narayan Adhikary 8 Dhankuta Bidur Subedi 46 Kapilvastu Pashupatimani Tripathi 9 Sunsari Kamal Prasad Limbu 47 Palpa Radheshyam Gyawali 10 Morang Trilok Neupane 48 Baglung Ram Sharma 11 Solukhumbu Deepak Rajbhandari 49 Myagdi Ghanshyam Khadka 12 Okhaldhunga Mabin Ghale 50 Parbat Madhavraj Pandey 13 Udaypur Yubaraj Parajuli 51 Mustang Aitelal Thakali 14 Khotang Bimal Kaji Shrestha 52 Dailekh Jhakka Prasad Sharma 15 Saptari Jung Bahadur Singh 53 Jajarkot Raju Kumar Shakya 16 Siraha Sunil Kumar Shah 54 Surkhet Durga Thapa Magar 17 Sindhuli Krishnahari Ghimire 55 Banke Lok Bahadur Shah 18 Dhanusha Dr. Ramcharitra Shah 56 Bardiya Keshav B. G. C. 19 Mahottari Shalendra Yadav 57 Rukkum Damodar Gautam 20 Sarlahi Bidurkumar Pyakurel 58 Rolpa Ghanshyam Acharya 21 Dolakha Krishnabahadur Basnet 59 Pyuthan Naresh Chandra Subedi 22 Ramechap Ramchandra Sharma Kandel 60 Salyan Ooj Bahadur Budathoki 23 Rautahat Laxmi Regmi 61 Dang Binod Kumar Shrestha 24 Chitwan Bal Krishna Paudel 62 Mugu Jiwan Sejuwal 25 Makwanpur Dipendra Kumar Pathak 63 Humla Kamal Bohara 26 Bara Hari Shankar Ram 64 Jumla Meghraj Neupane 27 Parsa Kamal Mohan Pokharel 65 Kalikot Tularam Pandey 28 Rasuwa Navaraj Neupane 66 Dolpa Bobby Kishor Gurung 29 Dhading Dhruba Bahadur Thapa 67 Bajhang Dirgharaj Upadhyaya 30 Nuwakot Krishna Bahadur Pyakurel 68 Achham Purna Bahadur Kunwar 31 Kathmandu Devika Timilsinna 69 Doti Ramhari Ojha 32 Lalitpur Gopal Sanjel 70 Bajura Harka Badahur Raut 33 Bhaktapur Akur Prasad Sharma Neupane 71 Kailali Nandaraj Pant 34 Kavrepalanchowk Bhojraj Timilsina 72 Darchula Narayan Joshi 35 Sindhupalchowk Nani Maya Thapa 73 Baitadi Rameshprasad Pandey 36 Gorkha Basubabu Khatri 74 Dadeldhura Deepak Bohara 37 Kaski Navadatta Dhungana 75 Kanchanpur Bhawaraj Regmi

80 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Annex 4 Preliminary Statement

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82 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Annex 5 Interim Report

Nepal 2013 Constituent Assembly Election OBSERVATION INTERIM REPORT 21 November 2013 Kathmandu

Statement of preliminary observation This statement represents the interim findings and conclusions based on monitoring and observation of Nepal’s 19 November Constituent Assembly elections by national and international observers as a part of the National Election Observation Committee (NEOC) mission. It builds upon the Preliminary Observation Statement released 19 November. NEOC will release a comprehensive Final Report including recommendations, upon the completion of the electoral process.

Scope of Mission NEOC mobilized 10,028 domestic observers covering 240 constituencies in all 75 districts of Nepal. Twenty seven international observers from 18 countries observed the electoral process in 25 districts. Altogether 150 ‘eminent persons’ were a part of the NEOC mission.

Pre-election Process Pre-election constraints and shortcomings: • The formation of the High Level Political Committee and the subsequent declaration of elections by a Chief Justice-led government affected perceptions of the election’s legitimacy. The political arrangement was criticied by the Nepal Bar Association, civil society activists and a section of the political leadership in all major parties as being unconstitutional, whilst the CPN-M and 33 poll-opposing parties rejected the holding of elections without consensus. • The logistical capabilities of the Election Commission of Nepal were a matter of ongoing commentary, with significant doubt expressed as to whether the necessary arrangements would be made as of 19 November. This affected the ability for media to focus on electoral issues rather than logistical issues. • Due to the strict timeline, the EC was unable to extend the democratic franchise to those not yet in possession of documents required for registration. Were a greater amount of time allowed before elections, a more robust process of voter registration could have taken place. Though efforts were made to include unregistered voters, given the timeline it was difficult. • EC directives were habitually broken, with 521 incidents of poll violation reported as of 13 November. Violations were not restricted to the CPN-M and other poll-opposing forces. • During the ‘silent’ period 48 hours prior to 19 November, media and candidates were found to be in violation of EC rules. • Violence and intimidation by poll-opposing forces from 11 November marred the immediate pre-election atmosphere. One bus driver died as a result of a petrol bomb lobbed at the vehicle he was driving, whilst eight of his passengers were severely injured.

Observation of Nepal’s Constituent Assembly Election-2013 | 83 Comprehensive Report • A lack of transport for voters registered in constituencies outside of Kathmandu affected the ability of many to cast their ballots. This was a result of the transport strike called by the poll- opposing alliance.

Pre-election successes: • Despite the transport strike and threats of violence by poll-opposing forces, many waited days to board multiple buses in order to vote in home districts. The ten day bandh starting 11 November was largely defied by those in the capital. Outside of Kathmandu, commercial and commuter vehicles were shepherded by security agencies. Though incidents occurred, Nepal’s road network remained active. • Despite logistical uncertainty, and the ad-hoc pledge to accept other official documents as identification, the collection of voter ID Cards was relatively strong. Polling booths observed a majority of ID cards collected. • Pre-poll violence was dramatically less than in 2008. At least nine murders directly related to the elections were reported in 2008, whereas in 2013 there was only one death. Scattered violence was significantly reduced throughout the country, whilst the prominence of armed groups in the Terai dramatically reduced. • Though there was significant support for CA elections from external governments, foreign actors were keen to highlight procedural rather than political issues. Instances in which foreign representatives made comment on political issues were minimal, however when occurring were condemned and roundly dismissed. • Significant effort was expended by democratic and pro-election forces in obtaining the participation of those opposing polls. The CA was enlarged to 601 seats whilst the 60-40 formula for proportional and first past the post electoral systems was instituted in a bid to gain greater participation.

Election Day: General Findings NEOC observers generally noted the elections as free, fair and credible despite some reservations. Though political, logistical and security issues in the pre-election context provided difficulties, many of these were surmounted on 19 November.

General Polling Context • Observers generally noted an upbeat, festive atmosphere that became more pronounced as the day progressed. • Observers noted the early arrival of voters at polling stations across the country, reflecting an enthusiastic desire on behalf of voters to cast their ballots. • At some polling stations within Kathmandu valley, campaigners were observed at entrances, violating EC rules. • Promotional material including posters were found in a number of instances within 100m of polling stations, violating EC rules. • Observers noted instances in which the presence of candidates at polling stations could be perceived as campaigning, in violation of EC rules.

84 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Voter Participation • Voter turnout was unprecedented, with the EC claiming figures of at least 70 per cent. This supports numbers obtained by observers from polling station staff. • The strong participation of women was noted by observers, with extensive queues in locations around the country. • The participation of many elderly voters was observed, with security forces and volunteers facilitating their mobility around polling stations. • Registered voters were observed being turned away from polling stations as a result of flawed voter lists. Though it is regretful that the lists were incomplete, NEOC supports the decision by polling staff not to allow those absent from voter lists to cast ballots. • Observers noted a low degree of voters using identification beyond EC distributed voter ID cards.

Security Situation • Observers noted a generally strong security presence at polling booths throughout the country. • Observers noted the mixed presence of Police, Armed Police Force, Nepal Army, and temporary police at polling stations throughout the country. • Observations noted the generally professional behavior of security forces.

Incidents • Explosive devices and other suspected materials were found in locations close to polling centers in a number of districts. • Explosive devices and other suspected materials were found in locations remote from polling stations and populated areas as a method of intimidation in Rupandehi. • In Bhotebahal, central Kathmandu, three children were injured – one seriously – as a result of an explosive device. • Exchanges of live-fire were reported between party cadres in Raudhat-3 and Rautahat-5 as a result of accusations of booth capturing. • Poll related skirmishes were reported at Araniko Secondary School in Pokharichowki-8, Kavre. Similar incidents were reported at Jagriti Secondary School in the same VDC. • In Bajura’s Brahmatola Health Centre polling station, supporters of candidates are reported to have resorted to booth capturing. An observer was reported to have been attacked and threatened at this location for reporting the incident. • In a polling centre at Depal VDC, Jumla, a ballot box was looted by party supporters resulting in the suspension of polling where re-polling is scheduled to take place on November 22. • Tensions between political cadres were reported in Thulipokhari VDC polling centre in Parbat district, western Nepal, resulting in gunshot wounds to three as a result of actions taken by security forces. • Exchanges of live-fire by political cadres were reported in Dhankeaul Pachiyeri polling centre in Sarlahi-6, in which seven persons are reported to have been injured. • In Janakalyan polling centre, ShrinagarVDC, Humla, a remote mid-western district, polling started only from 3pm as supporters of a poll-opposing party had prevented voters from approaching the centre.

Observation of Nepal’s Constituent Assembly Election-2013 | 85 Comprehensive Report • A polling centre in Jugu VDC, constituency no. 1, Dolakha, is reported to have been captured by supporters of a major political party. • In Banjh VDC, Bajhang, security forces are reported to have entered a village in an attempt to encourage voter turnout, in what could be perceived as a forceful manner. • In Dandakot Higher Secondary school in Chamunda VDC, Dailekh, supporters of poll-opposing parties are reported to have looted a ballot box, throwing it into a river, resulting in the suspension of polling. Polling resumed at 12pm after the looted ballot box was replaced by a new one transported by helicopter. • In Thabang village, Rolpa, a past Maoist stronghold, no voting, excepting that by election officials and security personnel, occurred. • In Depa higher secondary school polling centre Dandajheri VDC, Nawalparasi-1, supporters of a major party are reported to have resorted to booth capturing after approximately 700 votes had been cast.

Recommendations • NEOC strongly urges the EC to take all necessary logistical and security measures to ensure Jumla’s 22 November re-poll is free, fair and credible. • NEOC strongly urges the EC to undertake a thorough investigation into all instances of code violations occurring on 19 November. • NEOC strongly urges the EC to immediately and thoroughly address accusations of electoral fraud now hindering the vote-count. • NEOC strongly urges the relevant authorities to investigate and bring to justice those that perpetrated crimes in attempts to undermine and destabilize the electoral process. • NEOC strongly urges all poll contesting parties, candidates and concerned stakeholders to accept the electoral verdict.

...For Immediate Release, 21th November 2013 (National Election Observation Committee)

86 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report Annex 6 Election Time-table

Observation of Nepal’s Constituent Assembly Election-2013 | 87 Comprehensive Report Annex 7 Print Media Monitoring

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Observation of Nepal’s Constituent Assembly Election-2013 | 89 Comprehensive Report Annex 8 Election Result A. Winning Candidates under First-Past-The-Post (FPTP) System

Political 38 Khotang 1 Paanch Karna Rai UML S.N. District Const. Candidate Name Party/ No. Independent 39 2 Bishal Bhattarai UML 1 Taplejung 1 Bhupendra Thebe UML 40 Okhaldhunga 1 Yagyaraj Sunuwar UML 2 2 Damberdhoj Tumbahamphe UML 41 2 Ram Hari Khatiwada NC 3 Paanchthar 1 Ganesh Kumar Kambang UML 42 Udaypur 1 Dr. Narayan Khadka NC 4 2 Bhishma Raj Aangdembe NC 43 2 Manju Kumari Chaudhary UML 5 Ilam 1 Jhalanath Khanal UML 44 3 Narayan Bahadur Karki NC 6 2 Subash Chandra Nembwang UML 45 Saptari 1 Manpur Chaudhary UCPN-Maoist 7 3 Keshav Thapa NC 46 2 Ashok Kumar Mandal UCPN-Maoist 8 Jhapa 1 Rabin Koirala UML 47 3 Umesh Kumar Yadav UCPN-Maoist 9 2 Sudhir Kumar Shiwakoti NC 48 4 Tara Kanta Chaudhary UML 10 3 Krishna Prasad Sitaula NC 49 5 Teju Lal Chaudhary NC 11 4 Prem Bahadur Giri UML 50 6 Surendra Prasad Yadav NC 12 5 Keshav Kumar Budhathoki NC 51 Siraha 1 Padam Narayan Chaudhary NC 13 6 Deepak Karki UML 52 2 Ramchandra Yadav UML 14 7 KP Sharma Oli UML 53 3 Sita Devi Yadav NC 15 Sankhuwasabha 1 Tara Man Gurung NC 54 4 Ram Chandra Yadav NC 16 2 Deepak Khadka NC 55 5 Pushpa Kamal Dahal (Prachanda) UCPN-Maoist 17 Tehrathum 1 Bhawani Prasad Khapung UML 56 6 Ganesh Kumar Mandal NC 18 Bhojpur 1 Kripasur Sherpa UML 57 Dolakha 1 Parwat Gurung UML 19 2 Sherdhan Rai UML 58 2 Aananda Prasad Pokhrel UML 20 Dhankuta 1 Tika Ram Chemjong Limbu UML 59 Ramechhap 1 Aangtawa Sherpa NC 21 2 Sunil Bahadur Thapa RPP 60 2 Shyam Kumar Shrestha UCPN-Maoist 22 Morang 1 Rishikesh Pokhrel UML 61 Sindhuli 1 Ganesh Kumar Pahadi UML 23 2 Chandi Prasad Rai UML 62 2 Mohan Prasad Baral NC 24 3 Dilip Khawas Gachchedar NC 63 3 Haribol Prasad Gajurel UCPN-Maoist 25 4 Shiva Kumar Mandal Kewat UCPN-Maoist 64 Dhanusha 1 Dinesh Prasad Parsaila Yadav NC 26 5 Amrit Kumar Aryal NC 65 2 Ram Krishna Yadav NC 27 6 Mahesh Acharya NC 66 3 Bimalendra Nidhi NC 28 7 Dr. Shekhar Koirala NC 67 4 Sanjay Kumar Shah Sadbhawana 29 8 Chandra Bahadur Gurung UML 68 5 Prof. Dr. Chandra Mohan Yadav NC 30 9 Deeg Bahadur Limbu NC 69 6 Prem Kishor Prasad Shah Teli NC 31 Sunsari 1 Krishna Kumar Rai UML 70 7 Shatrudhan Mahato UML 32 2 Rewati Raman Bhandari UML 71 Mahottari 1 Giriraj Mani Pokhrel UCPN-Maoist 33 3 Bijaya Kumar Gachchedar MJF-D 72 2 Kiran Yadav NC 34 4 Sitaram Mahato NC 73 3 Ram Dayal Mandal UML 35 5 Upendra Yadav MPRF 74 4 Chandeshwor Jha INDEPENDENT 36 6 Bhim Prasad Acharya UML 75 5 Deep Narayan Shah UML 37 Solukhumbu 1 Bal Bahadur KC NC 76 6 Sitaram Bhandari NC

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77 Sarlahi 1 Shambhu Lal Shrestha UCPN-Maoist 120 5 Sunil Kumar Yadav NC 78 2 Ram Chandra Chaudhary NC 121 6 Ram Kumar Bhattarai UML 79 3 Hari Prasad Uprety UML 122 Bara 1 Ramayodhya Prasad Yadav NC 80 4 Mahendra Ray Yadav TMSP-N 123 2 Radhe Chandra Yadav NC 81 5 Jangi Lal Ray TMLP 124 3 Pharmullah Mansur NC 82 6 Amaresh Kumar Singh NC 125 4 Najma Khatun UML 83 Rasuwa 1 Janardan Dhakal UML 126 5 Balabir Prasad Chaudhary UML 84 Dhading 1 Dhana Bahadur Ghale UML 127 6 Purushottam Paudel UML 85 2 Guru Prasad Burlakoti UML 128 Parsa 1 Rajendra Amatya NC 86 3 Rajendra Prasad Pandey UML 129 2 Bichari Prasad Yadav UML 87 Nuwakot 1 Arjun Nar Singh KC NC 130 3 Raj Kumar Gupta UML 88 2 Dr. Ramsharan Mahat NC 131 4 Surendra Prasad Chaudhary NC 89 3 Bahadur Singh Lama (Tamang) NC 132 5 Jaya Prakash Tharu UML 90 Kathmandu 1 Prakash Man Singh NC 133 Chitwan 1 Surendra Prasad Pandey UML 91 2 Madhav Kumar Nepal UML 134 2 Sheshnath Adhikary NC 92 3 Rameshwor Phunyal UML 135 3 Krishna Bhakta Pokhrel UML 93 4 Gagan Kumar Thapa NC 136 4 Sushil Koirala NC 94 5 Narahari Acharya NC 137 5 Bikram Pandey RPP 95 6 Bhimsen Das Pradhan NC 138 Gorkha 1 Dr. Baburam Bhattarai UCPN-Maoist 96 7 Rambir Manandhar UML 139 2 Hitraj Pandey UCPN-Maoist 97 8 Nabindra Raj Joshi NC 140 3 Chham Bahadur Gurung UCPN-Maoist 98 9 Dhyan Govinda Ranjit NC 141 Manang 1 Tek Bahadur Gurung NC 99 10 Rajendra Kumar KC NC 142 Lamjung 1 Jamindraman Ghale UML 100 Bhaktapur 1 Narayan Man Bijukche NEMAKIPA 143 2 Chandra Bahadur Kunwar NC 101 2 Rameshwor Prasad Dhungel NC 144 Kaski 1 Yagya Bahadur Thapa NC 102 Lalitpur 1 Uday Shumsher J.B. Rana NC 145 2 Sharada Paudel NC 103 2 Chandra Maharjan NC 146 3 Rabindra Adhikary UML 104 3 Madan Bahadur Amatya NC 147 4 Sita Giri (Oli) UML 105 Kavrepalanchowk 1 Tirtha Bahadur Lama NC 148 Tanahu 1 Shankar Bhandari NC 106 2 Ram Hari Subedi UML 149 2 Ram Chandra Paudel NC 107 3 Kanchan Chandra Bade NC 150 3 Tukraj Sigdel UML 108 4 Bidur Prasad Sapkota UML 151 Syangja 1 Raju Thapa NC 109 Sindhupalchowk 1 Mohan Bahadur Basnet NC 152 2 Kamal Prasad Pangeni NC 110 2 Agni Prasad Sapkota UCPN-Maoist 153 3 Mukti Prasad Pathak UML 111 3 Sher Bahadur Tamang UML 154 Gulmi 1 Krishna Bahadur Chhantyal Thapa NC 112 Makwanpur 1 Indra Bahadur Baniya NC 155 2 Chandra Kanta Bhandari NC 113 2 Subhash Chandra Shah Thakuri UML 156 3 Gokarna Raj Bista UML 114 3 Ananta Prasad Paudel UML 157 Palpa 1 Radhakrishna Kandel UML 115 4 Raj Ram Syangtan UML 158 2 Som Prasad Pandey UML 116 Rautahat 1 Madhav Kumar Nepal UML 159 3 Hari Prasad Nepal NC 117 2 Mo. Mustak Alam MJF-D 160 Arghakhanchi 1 Top Bahadur Rayamajhi UCPN-Maoist 118 3 Prabhu Shah UCPN-Maoist 161 2 Dr. Duman Singh Thapa Chhetri UML 119 4 Satyanaryan Bhagat Bin UCPN-Maoist 162 Nawalparasi 1 Shashanka Koirala NC

Observation of Nepal’s Constituent Assembly Election-2013 | 91 Comprehensive Report

163 2 Jeevan Shrestha UML 202 Jumla 1 Lalit Jung Shahi NC 164 3 Krishna Prasad Paudel UML 203 Kalikot 1 Mahendra Bahadur Shahi UCPN-Maoist 165 4 Baijanath Chaudhary Tharu UML 204 Humla 1 Jeevan Bahadur Shahi NC 166 5 Bikram Khanal NC 205 Jajarkot 1 Shakti Bahadur Basnet UCPN-Maoist 167 6 Devkaran Prasad Kalawar NC 206 2 Rajib Bikram Shah NC 168 Rupandehi 1 Abdul Rajaak Gaddi NC 207 Dailekh 1 Ammar Bahadur Thapa UML 169 2 Dipak Bohara RPP 208 2 Laxmi Prasad Pokhrel UML 170 3 Bal Krishna Khand NC 209 Surkhet 1 Purna Bahadur Khadka NC 171 4 Bishnu Prasad Paudel UML 210 2 Hridayaram Thami NC 172 5 Bharat Kumar Shah NC 211 3 Tapta Bahadur Bista NC 173 6 Sarbendra Nath Sukla TMLP 212 Banke 1 Amar Sharma Dev Raj Var UML 174 7 Kamleshwor Puri Goswami TMLP 213 2 Dinesh Chandra Yadav UML 175 Kapilvastu 1 Balaram Adhikary UML 214 3 Sushil Koirala NC 176 2 Athar Kamal Musalman Independent 215 4 Dal Bahadur Sunar UML 177 3 Brijesh Kumar Gupta TMLP 216 Bardiya 1 Bamdev Gautam UML

178 4 Surendra Raj Acharya NC 217 2 Sanjay Kumar Gautam NC 179 5 Avishesh Pratap Shah MJF-D 218 3 Santa Kumar Tharu UCPN-Maoist 180 Mustang 1 Romi Gauchan Thakali NC 219 4 Man Bahadur Tharu UCPN-Maoist 181 Myagdi 1 Nawaraj Sharma UML 220 Bajura 1 Karna Bahadur Thapa UML 182 Baglung 1 Hari Bahadur Khadka NC 221 Achham 1 Bhim Bahadur Rawal UML 183 2 Prakash Sharma Paudel NC 222 2 Bharat Saud UML 184 3 Gyankumari Chhantyal NC 223 Bajhang 1 Man Prasad Khatri UML 185 Parbat 1 Arjun Prasad Joshi NC 224 2 Lal Bahadur Rawal UML 186 2 Bikash Lamsal UML 225 Doti 1 Bir Bahadur Balaer NC 187 Rukum 1 Ganeshman Pun UCPN-Maoist 226 2 Prem Bahadur Ale UML 188 2 Janardan Sharma UCPN-Maoist 227 Kailali 1 Janak Raj Chaudhary MJF-D UPCPN- 228 2 Mohan Singh Rathaur UML 189 Rolpa 1 Krishna Bahadur Mahara Maoist 229 3 Ram Janam Chaudhary MJF-D 190 2 Onsari Gharti UCPN-Maoist 230 4 Gauri Shankar Chaudhary UCPN-Maoist 191 Pyuthan 1 Bamdev Gautam UML 231 5 Dirgharaj Bhaat NC 192 2 Hira Bahadur KC UML 232 6 Sher Bahadur Deuba NC 193 Salyan 1 Tek Bahadur Basnet UCPN-Maoist 233 Darchula 1 Ganesh Singh Thangunna UML 194 2 Prakash Jwala UML 234 Baitadi 1 Damodar Bhandari UML 195 Dang 1 Parwata DC Chaudhary NC 235 2 Nara Bahadur Chand NC 196 2 Sushila Chaudhary NC 236 Dadeldhura 1 Sher Bahadur Deuba NC 197 3 Raju Khanal NC 237 Kanchanpur 1 Deewan Singh Bista NC 198 4 Budhiram Bhandari NC 238 2 Narayan Prakash Saud NC 199 5 Deepak Giri NC 239 3 Bahadur Singh Thapa NC 200 Dolpa 1 Dhanbahadur Buda UML 240 4 Ramesh Lekhak NC 201 Mugu 1 Mohan Baniya UML

92 | Observation of Nepal’s Constituent Assembly Election-2013 Comprehensive Report B. Party-wise Elected Candidates under Proportional Representation (PR) System

S.N. Name Political Party Sex 41 Madhu Shahi Thakuri Nepali Congress F

1 Chitralekha Yada Nepali Congress F 42 Anita Devkota Nepali Congress F 2 Gopal Man Shrestha Nepali Congress M 43 Rita Shahi Nepali Congress F 3 Kul Bahadur Gurung Nepali Congress M 44 Mithu Malla Nepali Congress F 4 Lila Koirla Nepali Congress F 45 Chandraa Devi Joshi Nepali Congress F 5 Dil Bahadur Gharti Nepali Congress M 46 Dr. Arzu Rana Deuba Nepali Congress F 6 Narendra Bikram Nemwang Nepali Congress M 47 Deepshikha Sharma Dhakal Nepali Congress F 7 Pradeep Giri Nepali Congress M 48 Shila Sharma (Khadka) Nepali Congress F 8 Gyanendra Bahadur Karki Nepali Congress M 49 Mukta Kumari Yadav Nepali Congress F 9 Minendra Prasad Rijal Nepali Congress M 50 Sangita Mandal (Dhanuk) Nepali Congress F 10 Prakash Sharan Mahat Nepali Congress M 51 Kaushar Shah Nepali Congress F 11 Man Bahadur Bishwakarma Nepali Congress M 52 Rashmi Thakur Nepali Congress F 12 Sujata Koirala Nepali Congress F 53 Sarwat Aara Khatun Halwaini Nepali Congress F 13 Manmohan Bhattarai Nepali Congress M 54 Pramila Devi Das Nepali Congress F 14 Mahalaxmi Upadhyaya (Dina) Nepali Congress F 55 Usha Gurung Nepali Congress F 15 Ananda Prasad Dhungana Nepali Congress M 56 Rajya Lakshmi Shrestha Nepali Congress F 16 Suryaman Gurung Nepali Congress M 57 Saraswati Wajimaya Nepali Congress F 17 Kamala Pant Nepali Congress F 58 Puhslata Lama Nepali Congress F 18 Ambika Basnet Nepali Congress F 59 Binda Devi Ale (Rana) Nepali Congress F 19 Dhanraj Gurung Nepali Congress M 60 Anjana Tamli Nepali Congress F 20 Mahendra Yadav Nepali Congress M 61 Suwarna Jwarchan Nepali Congress F 21 Ratna Sherchan Nepali Congress F 62 Anjani Shrestha Nepali Congress F 22 Min Bahadur Bishwakarma Nepali Congress M 63 Mahendra Kumari Limbu Nepali Congress F 23 Badri Prasad Pandey Nepali Congress M 64 Aum Devi Malla Joshi Nepali Congress F 24 Jeevan Pariyar Nepali Congress M 65 Kalpana Sop Nepali Congress F 25 Ishwori Neupane Nepali Congress F 66 Asha B.K. Nepali Congress F 26 Sita Gurung Nepali Congress F 67 Bishnu Maya Pariyar Nepali Congress F 27 Kabita Kumari Sardar Nepali Congress F 68 Sabitri Devi Chaudhary Nepali Congress F 28 Minakshi Jha Nepali Congress F 69 Bhotani Devi Khabas Nepali Congress F 29 Sujata Pariyar Nepali Congress F 70 Laxmi Devi Bhandari Nepali Congress F 30 Kumari Laxmi Rai Nepali Congress F 71 Mohan Kumar Rai Nepali Congress M 31 Cheen Kaji Shrestha Nepali Congress M 72 Dilman Pakhrin Nepali Congress M 32 Ram Chandra Pokhrel Nepali Congress M 73 Amar Singh Pun Nepali Congress M 33 Ashok Koirala Nepali Congress M 74 Jhul Bahadur Ale Nepali Congress M 34 Ganesh Prasad Bimali Nepali Congress M 75 Manohar Narayan Shrestha Nepali Congress M 35 Jagdishwor Narsingh K.C. Nepali Congress M 76 Lal Bahadur Ghale Nepali Congress M 36 Tarini Dutt Chataut Nepali Congress M 77 Khadga Bahadur Basyal Nepali Congress M 37 Bharat Bahadur Khadka Nepali Congress M 78 Ranjit Karna Nepali Congress M 38 Dhruba Wagle Nepali Congress M 79 Amiya Kumar Yadav Nepali Congress M 39 Bal Dev Bohara Nepali Congress M 80 Lalbabu Singh Bhuihar Nepali Congress M 40 Sarita Prasai Nepali Congress F 81 Badshah Kurmi Nepali Congress M

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82 Abdul Hamid Siddhiqui Nepali Congress M 125 Binod Shrestha Nepali Communist Party (UML) M 83 Amrit Lal Rajbanshi Nepali Congress M 126 Sidhi Lal Singh Nepali Communist Party (UML) M 84 Shanti Devi Chaudhary Nepali Congress F 127 Ganga Lal Tuladhar Nepali Communist Party (UML) M 85 Buddhi Sagar Chaudhary Nepali Congress M 128 Gokul Prasad Gharti Nepali Communist Party (UML) M 86 Haresh Prasad Mahatto Nepali Congress M 129 Ganesh Man Gurung Nepali Communist Party (UML) M 87 Mokhtar Ahmed Nepali Congress M 130 Tsewang Tenzen Tamang Nepali Communist Party (UML) M 88 Dilli Bahadur Chaudhary Nepali Congress M 131 Nar Bahadur Thapa Magar Nepali Communist Party (UML) M 89 Pyare Lal Rana Nepali Congress M 132 Tul Bahadur Gurung Nepali Communist Party (UML) M 90 Maiku Lal Balmiki Nepali Congress M 133 Harka Bol Rai Nepali Communist Party (UML) M 91 Narbhan Kaami Nepali Congress M 134 Ichya Raj Tamang Nepali Communist Party (UML) M 92 Ram Avatar Pasman Nepali Communist Party (UML) M 135 Mahendra Sherchan Nepali Communist Party (UML) M 93 Dulari Devi Nepali Communist Party (UML) F 136 Mahin Limbu Nepali Communist Party (UML) F 94 Chudamandi B.K. Jangali Nepali Communist Party (UML) M 137 Ashta Laxmi Shakya (Bohara) Nepali Communist Party (UML) F 95 Jit Bahadur (Darji) Gautam Nepali Communist Party (UML) M 138 Shreemaya Thakali Nepali Communist Party (UML) F 96 Sharda Kumari Bishwakarma Nepali Communist Party (UML) F 139 Jayanti Devi Rai Nepali Communist Party (UML) F 97 Bhagwat Nepali Nepali Communist Party (UML) M 140 Lila Magar Nepali Communist Party (UML) F 98 Ku.Teku Nepali Nepali Communist Party (UML) F 141 Dilshobha Pun (Khadka) Nepali Communist Party (UML) F 99 Gyanu Devi Gaire Nepali Communist Party (UML) F 142 Sindhu Jalesa Budathoki Nepali Communist Party (UML) F 100 Afilal Ukheda Nepali Communist Party (UML) M 143 Nardevi Pun Magar Nepali Communist Party (UML) F Shiva Kumari Gautame (Sarki) 144 Prabha Devi Bajracharya Nepali Communist Party (UML) F 101 Nagarkoti Nepali Communist Party (UML) F 102 Kripa Ram Rana Nepali Communist Party (UML) M 145 Tara Devi Rai Nepali Communist Party (UML) F 103 Bishram Prasad Chaudhary Nepali Communist Party (UML) M 146 Shakuntala Rajbhandari (Karki) Nepali Communist Party (UML) F 104 Nagendra Prasad Tharu Nepali Communist Party (UML) M 147 Ratna Devi Gurung Nepali Communist Party (UML) F 105 Ranjana Shrestha Nepali Communist Party (UML) F 148 Pemba Lama Nepali Communist Party (UML) F 106 Rabani Chaudhary Nepali Communist Party (UML) F 149 Amrit Kumar Bohra Nepali Communist Party (UML) M 107 Ambika Khawas Rajbanshi Nepali Communist Party (UML) F 150 Yuva Raj Gyawali Nepali Communist Party (UML) M 108 Satya Narayan Mandal Nepali Communist Party (UML) M 151 Bharat Mohan Adhikary Nepali Communist Party (UML) M 109 Sheetal Jha Nepali Communist Party (UML) M 152 Pashupati Chaulagain Nepali Communist Party (UML) M 110 Dharmanath Prasad Shah Nepali Communist Party (UML) M 153 Kashi Nath Adhikary Nepali Communist Party (UML) M 111 Dr. Banshidhar Mishra Nepali Communist Party (UML) M 154 Keshav Prasad Badal Nepali Communist Party (UML) M 112 Ramchandra Shah Teli Nepali Communist Party (UML) M 155 Bhanu Bhakta Dhakal Nepali Communist Party (UML) M 113 Aditya Narayan Kasaudhan Nepali Communist Party (UML) M 156 Tularaj Bishta Nepali Communist Party (UML) M 114 Hari Bahadur Rajbanshi Nepali Communist Party (UML) M 157 Mana Kumar Gautam Nepali Communist Party (UML) M 115 Junaid Ansari Nepali Communist Party (UML) M 158 Bal Bahadur Mahat Nepali Communist Party (UML) M 116 Kamala Devi Mahato Nepali Communist Party (UML) F 159 Bhishma Nath Adhikary Nepali Communist Party (UML) M 117 Ranju Kumari Jha Nepali Communist Party (UML) F 160 Dhan Bahadur Rayamajhi Nepali Communist Party (UML) M 118 Asha Yadav Nepali Communist Party (UML) F 161 Kedar Prasad Sanjel Nepali Communist Party (UML) M 119 Mina Devi Yadav Nepali Communist Party (UML) F 162 Nirmal Prakash Subedi Nepali Communist Party (UML) M 120 Sabiya Prabin Nepali Communist Party (UML) F 163 Shanta Manabi Nepali Communist Party (UML) F 121 Anarkali Miya Nepali Communist Party (UML) F 164 Gaura Prasai (Koirala) Nepali Communist Party (UML) F 122 Ranjana Kumari Sarkar Nepali Communist Party (UML) F 165 Jeevan Kumari Ghimire Nepali Communist Party (UML) F 123 Rajlaxmi Golcha Nepali Communist Party (UML) F 166 Shusila Nepal Nepali Communist Party (UML) F 124 Gyan Bahadur Bhujel Nepali Communist Party (UML) M 167 Bidya Devi Bhandari Nepali Communist Party (UML) F

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168 Kamala Kumari Ghimire Nepali Communist Party (UML) F 211 Ajay Shankar Nayak UCPN-Maoist M 169 Tukabhadra Hamal Nepali Communist Party (UML) F 212 Lalendra Kumar Mandal UCPN-Maoist M 170 Kalpana Sharma Joshi Nepali Communist Party (UML) F 213 Pratikshya Tiwari Mukhiya UCPN-Maoist F 171 Madan Kumari Shah Nepali Communist Party (UML) F 214 Ram Singh Yadav UCPN-Maoist M 172 Gauri Kumari Oli Nepali Communist Party (UML) F 215 Nisha Kumari Shah UCPN-Maoist F 173 Mamata Giri Nepali Communist Party (UML) F 216 Dhaniram Paudel UCPN-Maoist M 174 Basundhara Rokaya Nepali Communist Party (UML) F 217 Shambhu Paswan Hajari UCPN-Maoist M 175 Rita Rawal Nepali Communist Party (UML) F 218 Dor Prasad Upadhyaya UCPN-Maoist M 176 Bed Maya Bhandari (Shakya) UCPN-Maoist F 219 Ram Narayan Bidari UCPN-Maoist M 177 Surendra Kumar karki UCPN-Maoist M 220 Surendra Prasad Jayswal UCPN-Maoist M

178 Bhesh Kumari Raut (Bhattarai) UCPN-Maoist F 221 Usha Kiran Ansari UCPN-Maoist F 179 Anita Kumari Pariyar UCPN-Maoist F 222 Dulari Harijan UCPN-Maoist F 180 Rabindra Pratap Shah UCPN-Maoist M 223 Soniya Yadav UCPN-Maoist F 181 Mohammad Jakir Husain UCPN-Maoist M Dhan Maya 224 Bishwakarma(Khanal) UCPN-Maoist F 182 Mohan Tudu UCPN-Maoist M 225 Sita Nepali UCPN-Maoist F 183 Aman Lal Modi UCPN-Maoist M 226 Tulasa Rana UCPN-Maoist F 184 Ongdi Sherpa UCPN-Maoist M 227 Anjana Chaudhary UCPN-Maoist F 185 Shree Prasad Jawegu UCPN-Maoist M 228 Rupa Maharjan (Shrestha) UCPN-Maoist F 186 Surya Prakash Wala Rai UCPN-Maoist M 229 Punaram Thapa UCPN-Maoist M 187 Santa Kumar Darai UCPN-Maoist M 230 Kamal Thapa Rashtriya Prajatantra Party-Nepal M 188 Juth Bahadur Tuhure Khadgi UCPN-Maoist M 231 Bikram Bahadur Thapa Rashtriya Prajatantra Party-Nepal M 189 Yogendra Tama Ghising UCPN-Maoist M 232 Bhaskar Bhadra Rashtriya Prajatantra Party-Nepal M 190 Radhika Tamang UCPN-Maoist F 233 Ram Kuram Subba Rashtriya Prajatantra Party-Nepal M 191 Kamala Dong UCPN-Maoist F 234 Sushil Kumar Shrestha Rashtriya Prajatantra Party-Nepal M 192 Krishna Dhital UCPN-Maoist M 235 Shayandra Bantawa Rashtriya Prajatantra Party-Nepal M 193 Asha Koirala UCPN-Maoist F 236 Kunti Kumari Shahi Rashtriya Prajatantra Party-Nepal F 194 Bhakti Prasad Pandey UCPN-Maoist M 237 Dinesh Shrestha Rashtriya Prajatantra Party-Nepal M 195 Lal Bahadur Gurung UCPN-Maoist M 238 Dil Nath Giri Rashtriya Prajatantra Party-Nepal M 196 Tej Kumari Paudel UCPN-Maoist F 239 Leela Devi Shrestha Rashtriya Prajatantra Party-Nepal F 197 Daljit B.K. Shripali UCPN-Maoist M 240 Resham Bahadur Lama Rashtriya Prajatantra Party-Nepal M 198 Sirjana Taramu Khatri UCPN-Maoist F 241 Ganga Prasad Yadav Rashtriya Prajatantra Party-Nepal M 199 Keshri Gharti Magar UCPN-Maoist F 242 Kamala Devi Sharma Rashtriya Prajatantra Party-Nepal F 200 Rekha Sharma UCPN-Maoist F 243 Biraj Bishta Rashtriya Prajatantra Party-Nepal M 201 Goma Kunwar UCPN-Maoist F 244 Babina Moktan Lawati Rashtriya Prajatantra Party-Nepal F 202 Lalita Kumari Regmi UCPN-Maoist F 245 Rajeshwori Devi Rashtriya Prajatantra Party-Nepal F 203 Janaki Kumari Saud Rawal UCPN-Maoist F 246 Dhano Mahara Rashtriya Prajatantra Party-Nepal F 204 Karna Bahadur B.K. UCPN-Maoist M 247 Shyam Sundar Tiwdewal Rashtriya Prajatantra Party-Nepal M 205 Dilmaya Dhami UCPN-Maoist F 248 Sita Luitel (Gyawali) Rashtriya Prajatantra Party-Nepal F 206 Fuljhari Devi UCPN-Maoist F 249 Shreekanti Pasi Rashtriya Prajatantra Party-Nepal F 207 Harilal Gyawali UCPN-Maoist M 250 Kanta Bhattarai Rashtriya Prajatantra Party-Nepal F 208 Durga Khuna UCPN-Maoist F 251 Ram Kumar Agrawal Rashtriya Prajatantra Party-Nepal M 209 Gopal Giri UCPN-Maoist M 252 Ram Dulari Chaudhary Rashtriya Prajatantra Party-Nepal F 210 Dhanaa Pahari UCPN-Maoist F Bhakat Bahadur Bishwakarma 253 (Khapangi) Rashtriya Prajatantra Party-Nepal M

Observation of Nepal’s Constituent Assembly Election-2013 | 95 Comprehensive Report

254 Surya Bahadur Thapa Rashtriya Prajatantra Party M 295 Laxman Lal Karna Sadbhawana Party M 255 Jayanta Chand Rashtriya Prajatantra Party M 296 Narsingha Chaudhary Sadbhawana Party M 256 Saroj Sharma Rashtriya Prajatantra Party M 297 Bimal Kumar Kedia Sadbhawana Party M 257 Ramesh Kumar Lama Rashtriya Prajatantra Party M 298 Madhavi Rani Shah Sadbhawana Party F 258 Parshuram Tamang Rashtriya Prajatantra Party M 299 Urmila Devi Shah Sanghiya Samajwadi Party Nepal F 259 Rajyalaxmi Shrestha Rashtriya Prajatantra Party F 300 Dil Bahadur Nepali Sanghiya Samajwadi Party Nepal M 260 Ishtiyak Ahmed Khan Rashtriya Prajatantra Party M 301 Kashim Ali Sidhiqui Sanghiya Samajwadi Party Nepal M 261 Gita Singh Rashtriya Prajatantra Party F 302 Radha Devi Timilsinna Sanghiya Samajwadi Party Nepal F 262 Laxmi Thapa Pasman Rashtriya Prajatantra Party F 303 Ashok Kumar Rai Sanghiya Samajwadi Party Nepal M 263 Anandi Panta Rashtriya Prajatantra Party F 304 Chitra Bahadur K.C. Rashtriya Janamorcha M 264 Yogendra Chaudhary Madhesi Janadhikar Forum-Democratic M 305 Durga Paudel Rashtriya Janamorcha F 265 Sumitra Tharuni Madhesi Janadhikar Forum-Democratic F 306 Mina Pun Rashtriya Janamorcha F 266 Kalpana Chaudhary Madhesi Janadhikar Forum-Democratic F 307 Jay Dev Joshi Nepal Communist Party (United) M 267 Jitendra Narayan Dev Madhesi Janadhikar Forum-Democratic M 308 Mithila Chaudhary Nepal Communist Party (United) F 268 Pawan Kumar Sharda Madhesi Janadhikar Forum-Democratic M 309 Pramila Rana Nepal Communist Party (United) F 269 Asha Chaturwedi Madhesi Janadhikar Forum-Democratic F 310 Prem Suwal Nepal Majdur Kisaan Party M 270 Ramani Ram Madhesi Janadhikar Forum-Democratic F 311 Dilli Prasad Kafle Nepal Majdur Kisaan Party M 271 Dr. Baburam Pokhrel Madhesi Janadhikar Forum-Democratic M 312 Anuradha Thapa Magar Nepal Majdur Kisaan Party F 272 Dr. Subodh Kumar Pokhrel Madhesi Janadhikar Forum-Democratic M 313 Nirjala Raut Rashtriya Madhesh Samajwadi Party F 273 Gita Chetri Madhesi Janadhikar Forum-Democratic F 314 Dinesh Prasad Shah Rashtriya Madhesh Samajwadi Party M 274 Lal Babu Raut Madhesi Janadhikar Forum-Nepal M 315 Dhamendra Kumar Shah Teli Rashtriya Madhesh Samajwadi Party M 275 Usha Yadav Madhesi Janadhikar Forum-Nepal F 316 Eknath Dhakal Nepal Pariwar Dal M 276 Laxami Kumari Chaudhary Madhesi Janadhikar Forum-Nepal F 317 Milan Kumari Rajwanshi Nepal Pariwar Dal F 277 Jannatun Nisa Dhuniya Madhesi Janadhikar Forum-Nepal F 318 Shiv Lal Thapa Rashtriya Janmukti Morcha M 278 Chanya Sharma Panta Madhesi Janadhikar Forum-Nepal F 319 Seema Kumari B.K. Rashtriya Janmukti Morcha F 279 Shrawan Kumar Agrawal Madhesi Janadhikar Forum-Nepal M 320 Bishwendra Paswan Dalit Janajati Party M 280 Shivaji Yadav Madhesi Janadhikar Forum-Nepal M 321 Yashoda Kumari Lama Dalit Janajati Party F 281 Birendra Prasad Mahato Madhesi Janadhikar Forum-Nepal M 322 Narendra Shah Kalwar Terai Madhesh Sadbhawana Party Nepal M 282 Bijay Kumar Singh Terai- Madhesh Loktantrik Party M 323 Amerika Kumari Terai Madhesh Sadbhawana Party Nepal F 283 Akwal Ahmed Shah Terai- Madhesh Loktantrik Party M 324 Gopal Dahit Tharuhat Terai Party Nepal M 284 Ramesh Prasad Kurmi Terai- Madhesh Loktantrik Party M 325 Ganga Chaudhary (Satgauwa) Tharuhat Terai Party Nepal F Sanghiya Loktantrik Rashtriya 285 Kedar Nandan Chaudhary Terai- Madhesh Loktantrik Party M 326 Rukmini Chaudhary Manch(Tharuhat) F 286 Indra Jha Terai- Madhesh Loktantrik Party M 327 Prem Bahadur Singh Samajwadi Janata Party M 287 Mina Chaudhary Terai- Madhesh Loktantrik Party F 328 Hari Charan Shah Nepal Janata Dal M 288 Raj Kumari Garediya Terai- Madhesh Loktantrik Party F 329 Sarita Kumari Yada Madhesi Janadhikar Forum-Ganatantrik F 289 Chandra Prakash (CP) Mainali CPN(ML) M 330 Laxman Rajwanshi Nepa: Rashtriya Party M 290 Kalsa Devi Mahara CPN(ML) F 331 Dimple Kumari Jha Sanghiya Sadbhawana Party F 291 Aindra Sundar Nemwang CPN(ML) M 332 Ram Kumar Rai Khambuwan Rashtriya Morcha, Nepal M 292 Kamala B.K. CPN(ML) F 333 Kumar Khadka Akhanda Nepal Party M 293 Shiva Chandra Chaudhary CPN(ML) M 334 Lokmani Dhakal Janajagaran Party Nepal M 294 Shail Kumari Devi Sadbhawana Party F 335 Meghraj Nepali (Nishad) Madhesh Samata Party Nepal M

Source: Election Commission, Nepal

96 | Observation of Nepal’s Constituent Assembly Election-2013