Kathmandu, 10 November (H.S.): A total of 107 positions held by elected representatives across Nepal are currently vacant. These include 85 positions at the local level, 20 in provincial assemblies and two in the National Assembly.

According to Election Commission Information Officer Suman Ghimire, most of the vacancies arose after local and provincial representatives resigned before completing their terms to contest the House of Representatives elections. Nominations for the parliamentary elections were filed on January 20.

Among those who resigned was Harka Sampang, Mayor of Dharan Sub-Metropolitan City. He contested the House of Representatives election from Sunsari-1 and won. Following his resignation, Deputy Mayor Aindra Bikram Begha has been handling the affairs of the sub-metropolitan city.

Similarly, Renu Dahal, Mayor of Bharatpur Metropolitan City; Ashok Byanju, Mayor of Dhulikhel Municipality; Ramlal Dagaura, Mayor of Tikapur Municipality; and Khim Bahadur Thapa, Chairperson of Kaligandaki Rural Municipality, also resigned from their respective positions to contest the parliamentary elections. Their posts have yet to be filled.

Several provincial assembly members also resigned to contest the House of Representatives elections. They include Sunil KC from Kathmandu-2, Yuvraj Dulal from Sindhupalchok-2, Rahbar Ansari from Bara-4, Kanhaiya Baniya from Rupandehi-4 and Tara Prasad Joshi from Dadeldhura. All of them were elected to the House of Representatives.

In addition, former Madhesh Province Chief Ministers Saroj Kumar Yadav and Satish Kumar Singh, Bagmati Province Assembly member Aman Maskey, Krishna Dhwaj Khadka of Lumbini Province and Prakash Bahadur Shah of Sudurpaschim Province also resigned from their provincial assembly positions to contest the parliamentary elections. Their seats remain vacant.

**Legal Provisions Governing By-Elections**

Under the Local Level Election Act, 2017, by-elections may be held to fill vacant positions such as those of mayors, deputy mayors and ward chairpersons, provided that more than one year remains in the incumbent’s term.

However, elected representatives who assumed office following the local elections held on May 13, 2022, have only around six months remaining in their terms. Consequently, the possibility of holding by-elections for vacant local-level positions under the existing legal provisions is low.

Meanwhile, Section 68 of the Provincial Assembly Member Election Act, 2017, provides for by-elections when a provincial assembly seat falls vacant, provided that more than six months remain in the member’s term.

Provincial assembly members elected in the November 20, 2022 elections still have more than a year remaining in their terms. Therefore, by-elections to fill vacant provincial assembly seats can still be held if the government and the Election Commission decide to proceed.

**Two Seats Also Vacant in the National Assembly**

Two seats in Nepal’s National Assembly are also vacant, although the circumstances leading to the vacancies are different.

One seat has been vacant since January 15, following the death of Baldev Bohara, a National Assembly member from the Nepali Congress, on January 14 at the age of 73.

Bohara had been elected to the National Assembly for a six-year term in the election held on January 25, 2024. His tenure was scheduled to conclude on March 4, 2030.

Under Section 61 of the National Assembly Member Election Act, 2018, if a member’s seat falls vacant while more than six months remain in the member’s term, a by-election must be conducted within 35 days to fill the vacancy.

However, neither the government nor the Election Commission has taken any steps so far to initiate a by-election for the seat vacated following Bohara’s death.

The second vacant seat in the National Assembly is one filled through presidential nomination. It fell vacant on March 4, following the completion of the six-year term of the previously nominated member. Despite nearly a year having passed, no new member has been nominated to fill the position.

An Election Commission official said the commission was prepared to conduct by-elections at any level once political consensus was reached and the government took the necessary decisions.

In the case of provincial assemblies, the Election Commission can independently announce the date of a by-election. Section 7(1) of the Provincial Assembly Member Election Act empowers the commission to determine the election date and publish the relevant notification in the Nepal Gazette.

However, in the case of vacant National Assembly seats, the law requires the government to determine the election date so that the by-election can be completed within 35 days of the seat falling vacant.

Despite the clear statutory deadline, the provision has yet to be implemented in the case of the seat vacated following the death of Baldev Bohara.

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Hindusthan Samachar / Jun Sarkar