First instance body dealing with electoral disputes
Nepal
Act number 2 of 2063 enactedby the Legislative- Parliament
The Act Made to Amend andConsolidate Prevailing Laws Relating to Election Offences and Punishment
Chapter-1 Preliminary
1. Short title andcommencement:
(p) 'Court' meansthe court specified by the Government of Nepal, in consultation with theSupreme Court, and by a notification in the Nepal Gazette so as to try andbsettle cases related with election, and, in the case of the election to theConstituent Assembly, this expression also includes the Constituent AssemblyCourt to be constituted pursuant to Article 118 of the Constitution.
Chapter - 5
Provisions Relating toInvalidation of Election
27. Petition for voidingelection: (1) Any concernedcandidate may, in any of the following circumstances, file a petition in theCourt directly or through the District Election Officer designated by theCommission to have the election
declared void within thirtyfive days of the date of cause of action:
...
(2) Where a petition filedpursuant to sub-section (1) is proved, the Court shall void the election of theelected candidate.
...
28. Recounting of votes: (1) The concerned candidate inany election may, in any of the following circumstances, file a petition in theCourt directly or through the District Election Officer designated by theCommission to have the counting of votes declared void within fifteen days ofthe date of cause
of action:
...
Source:
http://www.election.gov.np/oldecn/EN/pdf/crimeact.pdf
EUROPEAN UNIONELECTION OBSERVATION MISSION - NEPAL 2013
TheConstituent Assembly Court, recently established on an ad hoc basis, hasthe jurisdiction to hear petitions to invalidate elections, void counts, anddeal with electoral offences. The timeframes for submitting petitionschallenging the validity of election results, as well as the period for thecourt to issue a decision, are reasonable, providing for a timely remedy foraggrieved parties. Regrettably, these petitions may be filed only by politicalparties and candidates, depriving the general public of the opportunity tochallenge the qualifications of their possible representatives.
...
Source:
http://eeas.europa.eu/delegations/nepal/documents/press_corner/2013.11.22.en.pdf
