It is not clear whether the stay order issued to the EC is applicable to the petitioner only or all
A five-member constitutional bench of the Supreme Court has issued a stay order and also is- A sued a show-cause notice to the Election Commission (EC) against the latter's decision to impose a fine on Kathmandu Metropolitan City Mayor Balendra Shah. The EC had imposed a fine of Rs 750,000 for not submitting his election expenditure details within the stipulated deadline of 30 days from the conclusion of the election results. The EC has to furnish its replies to the court within seven days. Balen is among the 123,624 candidates who were imposed the fine for not submitting the poll expenditure details within the deadline as stipulated by the Election Commission Act. Balen, in his writ petition, had demanded that Sections 26 (3) and 26 (5) of the Act that have given power to take punitive action against candidates be declared null and void as they contradict the constitution.
Balen has claimed that he had submitted the poll expenditure to the EC on June 26 and that was within the deadline of 30 days. The EC had issued a blanket show-cause notice to 123,624 candidates, including 114,958 candidates, who did not submit their election expenditure at all, and 8,666 candidates who had submitted their polls expenditure details within the deadline.
As per the Act, the EC would bar candidates who failed to submit the fines within six months from contesting the elections for the next six years. Balenhas also argued that Section 26 (4) of the act was erroneous. Should all the candidates pay the fines, the EC will collect more than Rs 24 billion, a hefty amount, which is enough to conduct three general elections. It is not clear whether the stay order and show-cause notice issued to the EC is applicable to the petitioneronly or all those who have failed to submit the poll expenditure details. It will become clear only after the Supreme Court issues its full text of the verdict.
Till date, 136 candidates have paid Rs 40 million in fines to the EC. Almost 500 candidates who had contested the local level polls and were candidates under the proportional representation list during the last general elections were also removed from the PR list for failing to pay the fine within the deadline.
It is shocking to see that such a large number candidates have failed to submit the election expenditure details within 30 days of the conclusion of the elections. It shows that all the political parties were oblivious of the law, and they did not educate their candidates about the punitive action the EC would take against them for not abiding by the law. The candidates must have thought that the EC would not take any legal action against them for not submitting the election expenditure details in time. In this case, all the political parties must educate their cadres and candidates about the legal provisions so that they do not have to face any legal action by the EC. The fines imposed by the EC are very high. Some of the dalit candidates, who won or lost the local level elections, said they had no option other than to sell their property just to pay the fines, which is equivalent to the election expenditure ceiling fixed by the EC during the elections. The Supreme Court will also have to clear the air whether or not the legal provisions in the act contradicts the constitution.
Probe into incident
Prime Minister Pushpa Kamal Dahal has ordered a probe into the arson and vandalism that occurred in Gongabu Monday afternoon, an incident that had not taken place in the capital in recent years. Although a dispute had been brewing in the bus park in the afternoon, with the transport workers halting bus services demanding the government fulfil their 10-point demand, the security forces had not anticipated it to spiral out of control, leading to vandalism of the traffic police post and torching of two vehicles used by the Nepal Police beat. Although there was no human casualty in the incident, 33 policemen were injured. Worse still, protesters vandalised Lhotse Mall situated at the bus park and made off with mobile sets worth more than Rs 80 million.
All the security agencies must be on high alert so that such an incident does not repeat not only in the capital but elsewhere as well. With lots of youths unemployed in the capital, there is always that possibility of them using a small incident to engage in loot and other criminal activities. Moreover, the months of February and March are times when there is political unrest in the country, and all that the protesters need is a spark to foment trouble.
A version of this article appears in the print on February 17, 2023, of The Himalayan Times.
