Now, it seems almost certain that the election to the Constituent Assembly (CA) will be held on April 10, after the change of date three times in the past. Nepalis have been dreaming for over five decades for an elected CA to frame a new constitution. This, even in the circumstances when the peace process has been neglected and as most salient points of electoral code of conduct remain unimplemented. The Maoist leaders have failed to rein in the cadres of the Young Communist League, the presence of government remains unnoticed and the Election Commission (EC) has been a passive spectator to code violations.

The decade-old armed conflict that cost the lives of more than 13,000 people, and that resulted in the displacement of thousands and suffering of a similar number, took a decisive turn with the signing of the 12-point understanding, particularly with the joint call of the seven party alliance and the Maoists to hold election to Constituent Assembly (CA) on Nov. 22, 2005.

Accordingly, the SPAM launched the now historic 19-day people’s movement which was participated by millions from every nook and cranny of the country, paralysing the state machinery and forcing the king to relinquish executive power of the state (which he had usurped violating constitutional provisions), restoring people’s sovereignty and reinstating the dissolved House of Representatives on April 24, 2006.

The peace process kicked off with the declaration of three-month-long ceasefire by the Maoists on April 26, 2006; the new government reciprocated by announcing indefinite ceasefire on May 3, 2006.

Two negotiation teams (NT) were formed with three members each, including a leader each from government and Maoist side respectively. The leaders of the NT signed a 25-point Code of Conduct (CC) for Ceasefire on May 26, 2006. A National Monitoring Committee for Code

of Conduct for Ceasefire (NMCC) was formed to monitor the truce till the Comprehensive Peace Accord was signed in November the same year.

The history of the peace process in Nepal is short and interesting. The election to Constituent Assembly has become both an end and a means. As an end, an inclusive CA has to be elected through free and fair polling and as a means, it has to lead the country on the peace path. Significantly, the CA election is immanent in the peace process and transcendent to it at the same time. Several steps were taken before the electoral process began. The restored parliament that functioned for more than a year was dissolved and replaced by another legislative body.

It became a composite, enlarged and continued body as almost all members of the dissolved parliament were accepted as the members of the new legislative parliament. It passed the interim constitution which was the basis for the CA election and future governance. It enacted laws required for running the country’s administration. In the third stage, the interim government was formed which decided the date for CA election, making all sorts of arrangements necessary for conducting the election and running day-to-day administration.

Practically, an election is a must for democratic governance. However, peace building does not necessarily require an election. But in Nepal election to CA became necessary as such an assembly was made the basis of peace building. Since the electoral process is an independent process, it should be allowed to chart its own course after the initial take-off till the end results are declared.

It is an independent, well-defined and protracted legal and political process. The electoral process is meant for all those political parties contesting election, but not directly concerned with the peace process, whereas, the peace process is a matter of prime concern for those

parties that are signatories to different agreements.

Interestingly, it seems that neither the government nor the Election Commission is treating electoral process as independent of the peace process while the reality is that it is a part of peace process as well as operates independently of it in important ways. The day election date was announced, electoral process became independent of peace process.

Hence, the need for a constitutional body like election commission was to conduct free and fair election and insulate it from the pressures of the SPA and the Maoists. Ironically, the EC appears to have ignored the need to crack the whip on the violators of the CC. Similarly, the government too has failed to exercise its writ as the culture of impunity continues causing lawlessness everywhere. Therefore, national and international observers should monitor the election objectively to strengthen the peace process, which might well be affected by outcome of the polls.

Prof Mishra is ex-election commissioner