The Election Commission has finally released names of the candidates contesting CA polls and allotted election symbols, paving the way for election campaign and the eventual polls slated for April 10. The long list hints at a sharp increase in the number of contestants. Although the total number of seats to be contested under First-Past-the-Post system during the Constituent Assembly election has been enhanced only marginally (for the House of Representatives, from 205 to 240), the total number of candidates has increased sharply (from about 2,000 to more than 3,500).

In light of the Constituent Assembly election, the number of political parties up for reckoning has also witnessed a steep decline. But the increase should not have been so disproportionate. Allegedly some parties, particularly the Maoists, have fielded dummy candidates to facilitate the victory of original ones, who are unlikely to win the election with majority votes. The result: There will be plenty of candidates who are standing for the election to achieve ulterior motives. While some candidates will contest in retaliation of being deprived of a party ticket, other dummy candidates will divide votes between strong contenders.

Thus, the unusual increase in the number of candidates has dual ramifications. For the Election Commission, the problem lies in candidacy of non-serious candidates, whereas, for contestants, dummy candidates constitute a graver threat. Dummy candidacy has its root in First-Past-the-Post system in which a candidate is elected even by a margin of a single vote. To ensure their victory, contestants look to divide the votes for other competitors by diverting them in favour of insignificant candidates, a strategy likely to prove effective in Nepali society where caste and kinship play a significant role in shaping public opinion and consequently creating favourable circumstances for the weak contender.

Secondly, since the election code of conduct restricts the use of vehicles and other means to provide a level playing field for all contestants, political parties are apt to field a great number of dummy candidates likely to further their own cause. Thirdly, since every candidate has the right to place polling agents at polling booths, the agents of dummy candidates will be there in numbers to lend ‘physical’ support to the original candidate on the issues that might crop up at the booths. This, at times, creates uncalled-for trouble for polling officers. Notably, since the Maoists plan to post 200 Young Communist League cadres at each polling station, the consequences of such a move can only be guessed.

Fourthly, the presence of many counting agents at the time of counting ballot papers may create further hassles for the counters. The joint voice of agents of dummy candidates can succeed in implanting confusion when their candidate is on the verge of defeat, thus making the election officer’s job difficult. The Election Commission in other democracies such as India where First-Past-the-Post is in vogue too has faced the problem of non-serious candidacy. Less than a decade ago, India succeeded in overcoming this problem by raising security deposit money that candidates have to deposit for the election. The Election Commission in Nepal too had forwarded some suggestions including the increment of security money during its meeting with political parties after 1999 general election and proposed some modifications in electoral system. However, the political parties did not accept it, as the political leaders representing varoius parties considered that it would infringe upon the civil right of the poor people to contest election.

There was another option. The independent candidates should have been made to submit the names of at least 50 supporters along with their nomination papers. This could have reduced the number of non-serious candidates in fray. Since the Interim Constitution has provided for submission of 10,000 signatures for registration of any political party with the Election Commission, the new provision should also have been made along the same lines. Overcrowding of candidates could have been avoided had proper action been taken by amending relevant laws — and had the Election Commission taken up the matter with the government on time. The Election Commission could easily have defended itself. Strangely, neither the Election Commission had the time to go through previous deliberations on the subject nor could it visualise the probable difficulties its dearth of experience would result in.

There are other ways to handle the problem. The EC, having permitted the use of vehicles, could as well see to it that it was being utilised by the original candidates. The EC can seize the vehicles and other logistics that it provides for the election and penalise or disqualify the candidates if they are found misusing the allotted resources, thereby also bringing to an end the benefits dummy candidates enjoy.

Prof Mishra is ex-election commissioner