KATHMANDU, APRIL 7
The main opposition CPN- UML has submitted a three-page memorandum to the Election Commission, arguing that some of the code's provisions violated freedom of expression.
It said that Section 4 of the poll code that applied to all - political parties, candidates, candidates' agents, and voters - curtailed parties' freedom of expression.
Section 4 (q) states that no one shall express views or produce materials in favour or against anybody with the motive of influencing elections.
It adds that such material should not be put on social media.
The UML said the provision prohibited parties and candidates from conducting election campaign and soliciting votes in their favour.
It added that the provision was against the spirit of the constitution and would deprive people of an opportunity to choose the best political party.
The party also condemned Section 5 of the code that prevented members of the executive of any tier of the government, including ministers and the prime minister, from soliciting votes from any constituency other than their own. It said the provision was against the spirit of the constitution.
It said the EC should not seek to curtail ideological and political affiliations of members of the government.
The UML said the poll code prevented people associated with private or non-governmental organisations from expressing views in favour or against any political party or candidate.
If this provision is enforced before the silence period, it will curtail citizens' freedom of expression, it added.
It also asked the EC to clarify the provisions of the code that stipulated that candidate shall not use their party flags or election symbols at places other than their offices and they shall not use their websites to publicise their mass meetings.
The party said if that provision intended to restrict parties and candidates from running their election campaign through their webpage, that would be against the constitution.
The party said as parties and candidates were prohibited from using banners and painting walls to propagate their poll related messages, webpages were effective media for doing the same.
The UML also urged the Election Commission to reconsider the code's provision that prohibited sitting members of the local governments from contesting local elections.
It said if representatives of the local governments had to resign before filing nomination papers for local polls, it could lead to vacuum in the local government, something not envisaged by the constitution.
It said Section 3 (8) of the code of conduct that barred parties' cadres from disputing decisions of polling officers and returning officers was aimed at preventing political parties and candidates from seeking court remedies against decisions of polling officers and returning officers.
The EC has not yet enforced the poll code. Election Commissioner Ishwari Paudyal said the EC was studying UML's concerns and would take a call on them soon.
A version of this article appears in the print on April 8, 2022, of The Himalayan Times.
