The ruling five-party alliance has started homework to hold local elections in the coming October by making necessary laws. It has been agreed in the alliance to amend the laws that are in conflict with the constitution and to hold elections according to the provisions of the constitution. The way the coalition is trying to unravel the legal complexities in the Local Elections Act has made it clear that local elections will not be held in April-May. As an alternative, the coalition is preparing to hold local elections in October.
“There is a consensus in the coalition to hold new elections as per the constitution as soon as the term of the three-phase local body elections is over by amending the laws that are in conflict with the constitution,” said Baburam Bhattarai. Bhattarai claims that all the problems will be solved when the election is held around October. ‘Article 125 of the constitution states that the term is within six months of reaching five years.
In Baluwatar, the leaders of the coalition discussed various options with legal experts on how to bring uniformity between the constitution and the law. In the same discussion, legal experts have suggested to amend the laws that are in conflict with the constitution of Nepal. Legal experts have suggested to amend the Local Level Election Act, 2073 BS as it seems to be in conflict with the constitution, said Keshav Raj Joshi, legal expert to the Prime Minister.
Article 225 of the constitution states that the term of office of the village assembly and municipal council shall be five years from the date of election and the election of another village assembly and municipal council shall be held within six months of the expiration of such term. Article 3 of the Local Level Election Act, 2073 states that the election of the members of the local village municipality and municipality shall take place two months before the expiration of the term of the village assembly or municipal assembly. The coalition plans to hold elections by amending the law.
Article 1 of the constitution states that the constitution is the basic law and the law that is in conflict with this constitution is invalid to the extent that it is invalid. Based on this, the government will amend the law that is in conflict with the constitution.
NP