House of Representatives Member Election Act, 2017

Chapter-1

Preliminary

1. Short title and commencement: (1) This Act may be called the "House of Representatives Member Election Act, 2074".

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

(a) "Court" means the Constitutional Bench of the Supreme Court pursuant to Sub-article (1) of Article 137 of the Constitution.

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

(c) "Candidate" means a person nominated as a candidate for membership of the House of Representatives pursuant to Section 18, and the said term also denotes a person whose name is included in the closed list of candidates pursuant to Section 28.

(d) "Closed list of candidates" means the closed list submitted by a political party to the Commission pursuant to Section 28 for the purpose of candidacy in the election held under the proportional electoral system.

(e) "Prescribed" or "as prescribed" means as prescribed in the rules made under this Act or in the order issued by the Commission pursuant to Section 76.

(f) "Party" means a political party registered with the Commission for the purpose of election, and the said term also denotes a group of parties jointly participating in an election with a single election symbol.

(g) "Election" means an election of a member of the House of Representatives held under this Act, and the said term also denotes a by-election held when the seat of a member elected from the election under the First-Past-The-Post electoral system falls vacant.

(h) "Election Officer" means the Chief Election Officer and Election Officer appointed by the Commission pursuant to Section 8, and the said term also denotes the Assistant Election Officer.

(i) "Constituency" means the electoral constituency determined by the Election Constituency Delimitation Commission pursuant to the federal law for the election held under the First-Past-The-Post electoral system.

(j) "Election representative" means the election representative appointed pursuant to Section 63.

(k) "First-Past-The-Post electoral system" means the electoral system pursuant to Section 4.

(l) "Backward region" means the districts of Achham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu, and Humla.

(m) "House of Representatives" means the House of Representatives constituted pursuant to Article 84 of the Constitution.

(n) "Voter" means a person whose name is included in the final electoral roll pursuant to the federal law.

(o) "Ballot paper" means the ballot paper arranged for voting in the election, and the said term also denotes the ballot paper used in an electronic device or the digital ballot paper installed in such device where voting through electronic devices is arranged.

(p) "Ballot box" means the ballot box arranged by the Commission for keeping the marked ballot paper, and the said term also denotes the electronic device that records the vote cast through such electronic device where voting is done through electronic devices.

(q) "Presiding Officer" means the Presiding Officer appointed pursuant to Section 11, and the said term also denotes the Assistant Presiding Officer.

(r) "Member" means a member of the House of Representatives.

(s) "Proportional electoral system" means the electoral system pursuant to Section 5.

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