Local Level Election Act, 2017

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Local Level Election Act, 2073."

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Court" means the High Court of the concerned province.

(b) "Chairperson" means the Chairperson of the Rural Municipal Executive.

(c) "Minority" means such ethnic, linguistic and religious groups as determined by the Government of Nepal by publishing a notice in the Nepal Gazette, remaining under clause (a) of sub-section (1) of Article 306 of the Constitution, based on the then most recent national census.

(d) "Commission" means the Election Commission pursuant to Article 245 of the Constitution.

(e) "Deputy Chief" means the Deputy Chief of the Municipal Executive.

(f) "Vice-Chairperson" means the Vice-Chairperson of the Rural Municipal Executive.

(g) "Candidate" means a person nominated pursuant to Section 18 for any election of a local level.

(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(i) "Party" means a political party registered with the Commission for election purposes pursuant to the prevailing federal law.

(j) "Election" means the election of a local level, and the term also includes by-election.

(k) "Election Officer" means the Chief Election Officer and Election Officer appointed by the Commission pursuant to Section 7, and the term also includes the Assistant Election Officer.

(l) "Chief" means the Chief of the Municipal Executive.

(m) "Voter" means the following person whose name is included in the voter list pursuant to the prevailing federal law for the election as follows:-

(1) For the election of Chairperson, Vice-Chairperson, Chief and Deputy Chief, whose name is included in the voter list of the concerned Rural Municipality or Municipality,

(2) For the election of Ward Chairperson and Ward Member of the Rural Municipality or Municipality, whose name is included in the voter list of the concerned Ward,

(3) For the election of members to be elected from women, Dalit or minority communities in the Rural Municipal Executive or Municipal Executive, members of the concerned Rural Assembly or Municipal Assembly,

(4) For the election of the Chief, Deputy Chief and members of the District Coordination Committee, the Chief, Deputy Chief, Chairperson and Vice-Chairperson.

(n) "Voter Identity Card" means the voter identity card with photograph provided by the Commission pursuant to the prevailing federal law for the purpose of voting.

(o) "Presiding Officer" means the Presiding Officer appointed pursuant to Section 11, and the term also includes the Assistant Presiding Officer.

(p) "Ballot Paper" means the ballot paper arranged for voting in an election, and the term also includes, where voting by electronic device is arranged, the ballot paper used in such electronic device or the digital ballot paper installed in such device.

(q) "Ballot Box" means the ballot box arranged by the Commission for keeping the marked ballot papers, and the term also includes, where voting is done by electronic device, the electronic device that records the vote cast thereby.

(r) "Ward Chairperson" means the Ward Chairperson of a Rural Municipality or Municipality.

(s) "Local Level" means the Rural Municipality, Municipality, and District Assembly.

(t) "Member" means the Ward Member of a Rural Municipality or Municipality, and the member of a Rural Municipal Executive or Municipal Executive, and the term also includes the Chairperson, Vice-Chairperson, Chief, Deputy Chief and Ward Chairperson.

(u) "Constitution" means the Constitution of Nepal.