The code of conduct has barred PM and ministers from campaigning in constituencies other their own

The Election Commission (EC) issued its code of conduct for the parliamentary and provincial assembly elections slated for November 20 on Monday to what it says create level playing field for all and bring down election expenditure. The EC has added new provisions in the code, which were not included when the local level elections were held on May 13. In its 83-page election code of conduct, the EC has made it mandatory for candidates contesting election under the first-past-the-post (FPtP) to submit property details along with their application for candidacy with the details of expected expenditure and source thereof. The candidates are also required to submit their bio-data, which the EC will publish in the course of election process. All the political parties and candidates have been given only 15 days to conduct their poll campaigns. The EC has mandated that a candidate cannot take more than 25 people during the door-to-door campaign, which will, the EC hopes, cut election expenses. Unlike in the past, the EC has mandated that the FPtP candidates are required to submit expenditure details within seven days of mass meetings or rallies. It has also barred prime minister and ministers from campaigning in constituencies other their own, a strict measure which will help create a level playing field among all contestants.

Candidates are also required to carry out all their election expenditure through banking channel and, they will have to designate a person to run their bank accounts for the election purposes. The candidates are also barred from holding feasts after winning the election. Another important feature of the code of conduct is that the elected local level officials cannot take part in election campaigns as chief poll campaigner and political parties are required to submit names of two persons as chief election campaigners in each of the constituencies. No government ministers will be allowed to use government resources, vehicles and other means. Candidates are also barred from using vehicles with foreign number plates during the poll campaigns. This measure will discourage candidates to hire vehicles with Indian number plates in the Tarai and Madhes regions.

The main question here is how the EC will monitor the informal spending by the candidates during the poll campaign. The EC must be able to take prompt legal action against those candidates who violate the spending ceiling fixed by the EC's code of conduct. The EC did not take any legal action against those elected candidates, who publicly said they had spent far more than what the EC has fixed during the last general elections. The 15-day campaign time allocated is not sufficient in the hilly and mountainous region given their difficult geography and sparse population. More time should have been given in the hilly and mountainous regions. Independent and new candidates will find it quite difficult to take their agenda to the voters given the short period of time. With the EC code of conduct coming into force, it can be expected that the upcoming general election will be held in a free, fair and impartial manner as compared to the last election. But the most important thing is to ensure that all follow the code as per its letters and spirit.

Anguish still exists

Every year, August 30 has been marked as the International Day of the Disappeared. Disappearances have deep psychological and other demoralising effects on the victims, if they live at all, as well as on their families, relatives and friends. Besides, these rank among the most heinous of crimes violating all civilised norms, international declarations, treaties and conventions on human rights, and in Nepal's case, even its laws and the constitution. The citizens have to be able to exercise their human rights.

Of course, the ten years of Maoist conflict was quite heavy on the citizens as they came in the crossfire between the combating forces. And, among them many were innocent but were suspected making collusion with either of the forces. With peace already entrenched with Nepal becoming a federal democratic republic, the duty of all, particularly the state and the political parties, must be to resolve the question regarding the fate of the disappeared people so that the tears of the suffering family members could be dried through the factual knowledge of what happened to the family members who disappeared without any trace. The commission formed to this effect must be able to settle this issue once and for all.

A version of this article appears in the print on September 1, 2022 of The Himalayan Times.