Provincial Assembly Member Election Act, 2017

Chapter 1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Provincial Assembly 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-section (1) of Article 137 of the Constitution.

(b) "Minority Community" means the ethnic, linguistic and religious groups as prescribed by the Government of Nepal by publishing a notification in the Nepal Gazette, remaining under clause (a) of Sub-section (1) of Article 306 of the Constitution, based on the national census immediately preceding the election.

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

(d) "Candidate" means a person nominated as a candidate for membership of the Provincial Assembly pursuant to Section 18, and the word also denotes a person whose name is included in the closed list of candidates pursuant to Section 28.

(e) "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 an election conducted under the proportional electoral system.

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

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

(h) "Election" means an election of members of the Provincial Assembly, and the word also denotes a by-election held in case of a vacancy in the office of a member elected under the first-past-the-post electoral system.

(i) "Election Officer" means the Chief Election Officer and Election Officer appointed by the Commission pursuant to Section 8, and the word also denotes an Assistant Election Officer.

(j) "Constituency" means the constituency determined by the Constituency Delimitation Commission pursuant to federal law for election under the first-past-the-post electoral system.

(k) "Election Representative" means an election representative appointed pursuant to Section 63.

(l) "First-Past-the-Post Electoral System" means the electoral system pursuant to Section 4.

(m) "Backward Region" means the backward region under each province as prescribed by the Government of Nepal by publishing a notification in the Nepal Gazette.

(n) "Provincial Assembly" means the Provincial Assembly formed pursuant to Article 176 of the Constitution.

(o) "Voter" means a person whose name is included in the final voter list for election pursuant to federal law.

(p) "Ballot Paper" means the ballot paper arranged for voting in an election, and the word also denotes, where provisions are made for voting through electronic devices, the ballot paper using such electronic devices or the digital ballot paper installed in such devices.

(q) "Ballot Box" means the ballot box arranged by the Commission for placing marked ballot papers, and the word also denotes, in case of voting through electronic devices, the electronic device that records the vote cast in such manner.

(r) "Presiding Officer" means the Presiding Officer appointed pursuant to Section 11, and the word also denotes an Assistant Presiding Officer.

(s) "Member" means a member of the Provincial Assembly.

(t) "Proportional Electoral System" means the electoral system pursuant to Section 5.

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