Amid growing debate and criticism over proportional representation (PR) closed lists, Rastriya Swatantra Party (RSP) Chairperson Rabi Lamichhane has said that names included outside established procedures would be removed.
“Some individuals who should not have been included have made it onto the list. If any name is found to be outside the prescribed process, it will be removed. I have already issued instructions,” Lamichhane said.
Following the statement, questions have been raised over whether political parties—including the RSP—can amend the PR closed lists submitted for the House of Representatives election scheduled for March 5. Specifically, questions have emerged on whether parties can revise submitted lists or withdraw and replace candidates.
According to the House of Representatives Proportional Representation Election Directive, 2082, amendments to submitted closed lists are allowed under specific conditions.
Legal provisions for amendment
Chapter 4 of the directive outlines provisions related to submission, correction, and amendment of PR closed lists. Clauses 13 to 32 specify procedures related to submission, candidate eligibility, verification, and revision of closed lists.
Clause 20 of the directive states that if, during scrutiny, a closed list is found to be inconsistent with the principles of proportional representation and inclusion, or fails to meet other prescribed requirements, the concerned political party will be instructed to correct the list.
Withdrawal and replacement of candidates
Clause 22 allows candidates included in the closed list to withdraw their candidacy within the timeframe specified in the election schedule. Upon receiving a withdrawal application, the election officer is required to remove the candidate’s name from the list and notify the concerned party.
Clause 23 further provides that after a candidate withdraws, the party may nominate another candidate within the stipulated time, subject to approval by its central committee, and submit the revised list to the Election Commission.
The law requires that any replacement candidate must belong to the same inclusive group as the candidate who withdrew. The replacement may be placed at the same ranking position or at the end of the closed list.
Scrutiny and objections
Once revised lists are submitted or if no revision is required, the election officer must publish the closed list on the Election Commission’s website and notice board. The law allows a seven-day period for filing objections if any candidate is found to lack qualifications under the Constitution or relevant laws. After reviewing complaints, the final closed list will be published.
Clause 19 of the directive details the scrutiny process, which includes verification of voter registration, compliance with inclusion and proportional representation requirements, group-wise representation percentages, gender representation (minimum 50 percent women in each inclusive group), representation from backward regions, inclusion of persons with disabilities, duplication of names, legal eligibility, and proper authorization by the party.
Election Commission Assistant Spokesperson Sita Pun Shrees stated that scrutiny of PR closed lists submitted by political parties has begun. She said parties failing to meet prescribed criteria would be instructed to correct their lists.
