LAW5408 Election Law — Unit 6: Election Management Bodies (EMB)/Election Authority

Unit 6: Election Management Bodies (EMB)/Election Authority

6.1 Constitution, Power and Functions of Election Commission (EC)

The constitutional entrenchment (Articles 245–247, the verified text): the Chief Election Commissioner and up to four Commissioners (the President’s appointment on the Constitutional Council’s recommendation); the six-year term, no reappointment (the commissioner→CEC’s cumulative count), the 65 bar; the independence’s guarantees (the salary-and-conditions’ constitutional floor; the removal only on the constitutional-judges’-type grounds — the constitutional bodies’ common design). The powers-and-functions (Article 246’s own list):

  1. To conduct, supervise, direct and control the elections of the President, Vice-President, Federal Parliament, provincial assemblies and local bodies (the five mandates’ one authority).
  2. The voters’ lists’ preparation-and-updating.
  3. The referendum on matters of national importance (per the Constitution’s-and-federal-law’s terms — the 1980’s institutionalised heir).
  4. The candidacy’s legitimacy — the final decision (the nomination’s-and-disqualification’s own adjudication, before the courts’ writ).
  5. The cooperation’s command: the Government, provinces and local levels must assist (the election-time state’s mobilisation duty).
    Beside: the delimitation’s implementation duty (Article 286’s report-route), the code-of-conduct’s issuance (the Act’s power — Unit 5.3), and the election calendar’s whole choreography. The EMB’s typology (the exam’s theory): the independent-model commission (Nepal’s — the constitutionally-entrenched multi-member body) vs the governmental/executive model (the minister’s-and-civil-servants’ administration) vs the mixed/supervisory models — and the design’s stakes: the incumbent’s hand on the scale (the governing-party’s EMB capture risk) vs the insulated referee.

6.2 Subsidiary Entities to the EC in the Province and Local Level

The federal EC’s devolved arms (the conduct’s practical machinery): the provincial election offices (the province-level permanent offices — the coordination-and-logistics nodes for the provincial-and-federal polls); the district election offices

This is a preview. The complete Election Law notes — full unit, Exam Focus box and model questions — are in the PDF / full version. Get the complete notes →

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