Kathmandu, Aug 8: Political parties have opposed the “Political Parties’ Self-Assessment Procedure 2082” introduced by the Election Commission. Both ruling and opposition parties argue that the procedure is aimed at controlling political parties and goes against the Constitution.

The Commission had set a deadline of Shrawan 22 for parties and stakeholders to provide feedback on the draft procedure. The ruling CPN-UML objected, saying the Commission was interfering in the internal matters of political parties. UML’s Chief of the Central Election Department, Neeraj Acharya, said that the Constitution’s Articles 269 to 272 clearly outline provisions for the formation, registration, and operation of political parties, which should function under self-regulation and be evaluated by the public through elections, not by an external body.

The Nepali Congress has also rejected the draft. General Secretary Gagan Thapa said the Commission’s intent seems to be control, not genuine self-assessment, and that Congress won’t accept it.

Ten parties, including the main opposition CPN (Maoist Centre), jointly concluded that the procedure goes against the Constitution and decided to reject it. Maoist Chairman Pushpa Kamal Dahal called a meeting of ruling and opposition parties to discuss the matter, concluding that the procedure seeks to regulate and direct parties and is therefore unacceptable.

Maoist Deputy General Secretary Barshaman Pun said the Constitution does not authorize the Commission to control or direct parties. He pointed out that any issues with the Political Parties Act should be addressed through Parliament, not bypassed by the Commission creating such procedures, which he said is a serious breach of the Constitution.

In a joint statement, the 10 parties criticized the Commission for overstepping its authority. They said the move undermines multiparty democracy and aims to institutionalize the dominance of just two parties. They called on the Commission to respect the Constitution, laws, democratic values, and rule of law.

The signatories included: CPN (Maoist Centre), Rastriya Swatantra Party, Rastriya Prajatantra Party, CPN (Unified Socialist), Janata Samajbadi Party, Janata Samajbadi Party Nepal, Janamat Party, Loktantrik Samajbadi Party Nepal, Nagarik Unmukti Party, and Aam Janata Party.

Mukti Pradhan, a senior advocate and head of law and human rights for the Maoist party, argued that the Commission does not have the authority to regulate political parties. He said the procedure, which is not recognized by the Constitution or law, is an arbitrary attempt to exert control.

He questioned the legal basis of the self-assessment procedure and criticized the Commission for trying to act beyond its mandate. Pradhan also said his party has formally asked the Commission to withdraw the procedure, saying it violates Articles 269 to 272, which already lay out how parties are formed and run. He insisted the Commission’s role is to facilitate, not regulate, political parties.

While both ruling and opposition parties have rejected the draft, a Commission official said the procedure was created with input from party representatives and has no hidden agenda. If parties reject it, the Commission won’t implement it, he added.

Former Chief Election Commissioner Dinesh Thapaliya defended the move, saying it aims to make political processes more organized and transparent. He said there’s nothing unconstitutional in the procedure and parties should not fear self-evaluation. According to Thapaliya, 122 parties are currently registered, but many fail to hold general conventions or submit details about their elected committees and property declarations.

As per Section 53(1) of the Political Parties Act 2073, central committee members must submit details of their moveable and immovable property within 60 days of election. If they don’t, the party office must publish their names within a month.

What’s in the procedure?

Section 8(3) of the draft includes 25 indicators for minimum self-assessment. Annex 3 lists areas, indicators, and weightage for assessment. Annex 4 outlines the basis and scoring method. It includes provisions like forming internal committees and making yearly asset disclosures. It also mentions a monitoring committee under the Commission Secretary to track implementation.

People's New Monitoring Service