Kathmandu, February 16:

Legal luminaries and MPs today criticised a provision in the Election Commission Bill 2063 that allows the Election Commission (EC) to cancel registration of a political party if it fails to secure at least one per cent votes or at least one seat in general elections.

The lawyers and MPs told this daily that the provision is undemocratic and unacceptable in a democratic society as the Interim Constitution of Nepal 2007 guarantees the right to form and operate a political party.

“Since it is a fundamental right, such a provision cannot be accepted,” constitutional lawyer Purna Man Shakya said. “The provision intends to bar small parties from the country’s politics,” he added.

“To cancel the registration of a party just because it fails to garner a certain per cent of votes is against the spirit of the constitution,” Shakya added.

Article 12(3)(3) of the Interim Constitution guarantees the right to form and operate a political party. However, Clause 24 of the Bill proposes allowing the EC to cancel the registration of any political party on various grounds.

“Such provisions are unimaginable in a democratic system,” constitutional lawyer Bhimarjun Acharya said. “It is a gross violation of the constitution and reflects the autocratic character of the major political parties,” he added.

Jana Morcha Nepal MP Nava Raj Subedi said the Bill intends to impose autocracy of the major political parties, as they do not want to provide room for small parties. “This means restriction on the fundamental rights,” he said. Subedi added that the Bill’s provisions are against the spirit of the Jana Andolan of 1990 and 2006, which restored the rights of the people.

Nepal Sadbhwana Party MP Yagyajit Shah said such a provision restricts the political parties’ freedom. “Such a situation is the result of the first-past-the-post system of election. This is the reason we have been opposing it and demanding a proportional representation system,” he said, adding: “Our party is scheduled to discuss the provision in its central committee meeting tomorrow.”