Nepalese Constituent Assembly election, 2008

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An election for a Constituent Assembly was held in Nepal on 10 April 2008[1][2] after having been postponed from earlier dates of 20 June 2007[3] and 22 November 2007.[4] This assembly will draft a new constitution. Hence, this will decide, amongst other things, on federalism. The number of eligible voters was around 17.5 million.[5] The Constituent Assembly will have a term of two years.[6]

The Communist Party of Nepal (Maoist) placed first in the election with 220 out of 575 elected seats, and it became the largest party in the Constituent Assembly.[7] It was followed by the Nepali Congress with 110 seats and the Communist Party of Nepal (Unified Marxist-Leninist) with 103 seats.

Contents

[edit] Background

The Election Constituency Delimitation Commission recommended the following number and distribution of seats: 335 members would be elected through a proportionate electoral system, 240 members through election in constituencies and 17 on recommendation by the Council of Ministers.[8][9][10]

The first delay for holding the assembly occurred due to the lack of preparation on behalf of the Election Commission as well as the seven parties that were at the helm of the government. The second delay, on 5 October 2007, occurred because the Maoists demanded that a republic be declared before the election and that a fully proportional system be used in the election instead of a mixed system.[11] A compromise was agreed to on 4 November: the election would use a fully proportional system, but the republic would only be declared immediately after the Constituent Assembly election.[12]

On November 4, most parties in the interim parliament voted in favour of a Maoist proposal calling for a fully proportional election system.[13] However, an absolute majority could not be achieved because the then largest party in the parliament, Nepali Congress, vehemently opposed the idea. Later, the problem was resolved when all of the parties agreed to an election where 60% of the elected seats would be allocated by the proportional system, and the remaining 40% by the direct system of election.

On 15 December, the government considered an amendment to the constitution. This amendment moved the deadline for Constituent Assembly elections from 15 December 2007 to 12 April 2008,[14] and changed the membership of the Constituent Assembly: the seats for the proportional representation system were increased to 335 and the members nominated by the prime minister were increased to 26 from 17. As specified in the Election to Members of the Constituent Assembly Act (2007),[15] party list representation will be calculated using a result divisor method, the Sainte-Laguë method.[16]

The seats for first-past-the-post elections remained at 240, making the total number 601 seats instead of the earlier 497.[17] The word "republic" was also included, but will have to be confirmed by the Constituent Assembly.[18] The agreement was officially adopted on December 23, 2007 by the government and the Maoists stated they would rejoin the government shortly.[19] The interim parliament approved the deal on December 28, with 270 in favor and three opposed.[20]

The Election Commission gave the parties which wished to register for the polls a new deadline of 14 January 2008; parties which had previously registered did not have to re-register.[21] On 11 January, the Cabinet decided to hold the election on 10 April.[1][2]

Ahead of the election, the Rastriya Prajatantra Party Nepal party sought to form a front of royalist parties.[22] Another monarchist alliance, Samyukta Samabeshi Morcha, was also formed before the election.

An estimated 60% of the 17.6 million voters cast ballots, many of them lining up before dawn outside the 20,000 polling stations. The election of the 601-seat Constituent Assembly to write a new constitution was touted as the cornerstone of a 2006 peace deal struck with the Maoists-rebels, ending the Nepalese Civil War in 2006 that forced Nepal's king Gyanendra to cede power, which he had seized in the year 2005. The election held great symbolic value for many in the impoverished Himalayan nation, where 60% of the 27 million people are under age 35 and many voted for the first time.[23]

The Maoists left the interim government on 18 September 2007, citing the non-fulfillment of their demands (which included declaration of a republic before the elections). They stated they would launch street protests in favour of a republic and to ensure the elections will be held, but would also keep to the ceasefire. The Prime Minister stated that declaring a republic through the interim parliament would lack legitimacy.[24] According to some analysts, the Maoists were worried that they lack support and were trying to avoid suffering an embarrassing election defeat at the polls.[25]

On 26 September 2007, the Nepali Congress abandoned its tacit support for a constitutional monarchy and called on the Constituent Assembly to call for the monarch's abdication.[26] The nomination deadline was extended on 30 September 2007 upon the request of the Seven Party Alliance.[27]

The United Nations Security Council on 26 October 2007 called for the election to be held before the end of 2007.

An agreement with the United Democratic Madhesi Front‎ was reached on 28 February 2008, thus ending their general strike. The agreement also included a provision increasing the proportion of seats reserved for the Madhesi minority from 20% to 30%.[28] Furthermore, the parties were allowed to file for the election with an additional deadline set; the constituent parties of the United Madhesi Democratic Front (Madhesi Jana Adhikar Forum, Tarai-Madhesh Loktantrik Party, Sadbhavana Party) did so, as well as some others (including the Anandisingh Devi-led NSP(A), Nepal Samyabadi Party, Rastriya Janashakti Party – who had stated they would boycott the election unless the Madhesi issue was resolved –, Nawa Janabadi Morcha, Nepal Rastriya Janabhavana Party, Rastriya Bikas Party and Rastrabadi Yuba Morcha).[29]

[edit] Election

Shortly before the election, Rishi Prasad Sharma, a CPN-UML candidate in Jahare Bazar town in Surket district, was killed, and the election there was delayed; another person was shot and killed by police during protests regarding Sharma's death.[30] A Congress party rally on April 7 was attacked with a bomb; a bomb also went off near the UN mission in Kathmandu.[31] On April 8, police killed six Maoists who were engaged in clashes with Congress supporters in Dang district. Prachanda met with Koirala and emphasized the need to "show restraint and have a fair and free election". Gyanendra called "upon all adult citizens to exercise their democratic right in a free and fair environment".[30]

About 135,000 police troops were deployed to provide security for the election,[30] and there were about 20,000 polling stations.[32] Travel and the sale of alcohol were banned while the election was held.[30] On election day, Maoists reportedly tried to seize a polling station in Galkot and then set fire to it; 15 attackers were said to have been arrested. The Maoist leadership said that it was investigating this and that it was not trying to interfere with the election or disrupt it. In Chitwan district, "scuffles among party representatives" led to the suspension of voting at three polling stations. In Janukpur, a candidate was fired upon but was not injured;[30] in Sarlahi district, an independent candidate was shot and killed. An activist was killed in clashes in Sunsari district. Despite such incidents, the election was deemed generally peaceful[32] although held in a 'general atmosphere of fear and intimidation.'[33]

Although voting was called off at 33 polling stations, the overall national voter turnout stood approximately at 60%.[34] In many places, there was applause at the beginning and ending of voting.[32]

On 12 April 2008, it was reported that the CPN (M) had won in three of the five constituencies where vote-counting had been completed. The Nepali Congress and the CPN (UML) each won one constituency. Early results also appeared favorable to the CPN (M) in 55 other constituencies where counting was continuing. A complete count in all 240 constituencies was expected to take several weeks.[35]

Results from later on the same date showed that CPN (M) has won five of the seven declared seats, and was leading in 56 of the other 102 currently being counted; it was noted that the CPN (M) were more successful than analysts expected, as they were believed to be likely to come only in third place.[36]

Polls were ordered to be repeated in at least 60 polling stations across 16 constituencies and 10 districts, though that number is likely to increase.[37] The numbers were announced to have increased to 98 polling stations, 21 constituencies, 12 districts on 14 April 2008.[38]

With the CPN (M) appearing to have won the election, Prachanda pledged that the party would work together with other parties in crafting the new constitution, and he assured the international community, particularly India and China, that the party wanted good relations and cooperation. He also said that the party had expressed its commitment to multi-party democracy through the election and that it would be faithful to its mandate from the people "to consolidate lasting peace".[39]

Gyanendra expressed satisfaction at "the enthusiastic participation of the Nepalese people" in the election.[40]

Results from 17 April 2008 showed CPN (M) winning 116 seats, CPN (UML) 31 seats and the Nepali Congress 32 seats of the 218 seats declared so far.[41]

As of 17 April, 26 women have secured seats in the new assembly, 22 from the CPN (M), one from the Nepali Congress, two from the Madhesi Jana Adhikar Forum, Nepal and one from Tarai-Madhesh Loktantrik Party.[41]

Pro-monarchy politician Rudra Bahadur from the Rastriya Prajatantra Party, who failed to be elected in his constituency, was found murdered on 18 April 2008 in his home.[42] Around the same time, Prachanda stated that he would "take the initiative to talk to the king in person" in hopes of convincing him to abdicate; he said that, after leaving the throne, Gyanendra could still live in Nepal and remain involved in business.[43]

The CPN (M) won a plurality of seats in the election: 220 out of 575 (the remaining 26 members are to be chosen by the government formed after the election), with 120 seats through first-past-the-post constituencies and 100 through proportional representation. The party has said that, because it won more seats than any other party, it is entitled to lead the government.[44]

Communist Party of Nepal (United) list MP Sunil Babu Pant is the first openly gay MP elected in Nepal.[45]

[edit] Opening of the Constituent Assembly, declaration of the Republic

The official and final list of members elected under the PR system was released on 8 May 2008; this meant the first meeting of the CA (which has to be held within 21 days of the publication of the final result) would be held before the end of May 2008.[46] On 12 May 2008, it was announced that the first session of the CA would be held on 28 May 2008.[47] The members of the CA were sworn in on 27 May 2008.[48]

At the first session of the Constituent Assembly on 28 May, it voted to declare Nepal a federal democratic republic, thereby abolishing the monarchy. 564 members of the Constituent Assembly voted on this motion, with 560 in favor and four opposed.[49] Of all the parties represented in the Constituent Assembly, only the Rastriya Prajatantra Party Nepal (RPP-Nepal) opposed the motion.[50] Koirala said that Nepal was entering a new era and that "the nation's dream has come true", while celebrations took place in Kathmandu;[51] May 29 and May 30 were declared to be public holidays by the government.[52] The Constituent Assembly also decided that Gyanendra should leave the Narayanhity Palace within 15 days.[49]

Earlier on 28 May, the major parties agreed on the creation of the position of President, while the Prime Minister was to hold executive powers;[49] however, they reached no agreement on exactly what powers the President should have or who should become President, and these deliberations led to a delay in the opening of the Constituent Assembly.[53]

On 29 May, the royal standard was removed from Narayanhity Palace and replaced with the national flag.[53] Gyanendra reportedly said on 2 June that he accepted the Constituent Assembly's decision.[54]

13 parties, including the CPN (M), the NC, and the CPN (UML), met at the Ministry of Peace and Reconstruction on June 1; no agreement was reached regarding power arrangements. The CPN (M) pressed its demand for both the positions of President and Prime Minister, but the NC and CPN (UML) were unwilling to accept this. The NC wanted these positions to be chosen through a simple majority vote in the Constituent Assembly.[55]

Addressing a rally in Gorkha district on June 1, Prachanda gave Koirala an ultimatum to present his resignation to the Constituent Assembly within two or three days, warning that if he failed to do so, the Maoist members of the government would resign and the party would lead street protests.[56]

After Gyanendra requested that the government make arrangements for his residence on June 1, the government decided on June 4 to give another palace, the Nagarjuna Palace, to Gyanendra.[57] Also on June 4, Prachanda and Koirala met; at this meeting Prachanda demanded that the government step aside by June 5 and again threatened street protests.[58] On the same day, the three main parties held a meeting at which they again failed to reach an agreement, but the parties agreed on the need for a few more days and the CPN (M) postponed its deadline for the government to step aside to allow for this period.[59]

On June 5, the CPN (M) softened its position, deciding at a meeting of its Central Secretariat that it would not press its claim to the presidency and that it would instead favor having a member of civil society become President. The party expressed continued opposition to a proposal that would allow the Prime Minister to be dismissed by a simple majority vote of the Constituent Assembly.[60] Despite the Maoist desire to have a neutral figure as President, the Nepali Congress proposed Koirala for the position.[61]

The Constituent Assembly held its second sitting on June 5; due to the three major parties' deadlock, this sitting was very brief, lasting less than a half hour, and took no major decisions.[62]

Shortly after another meeting between Prachanda and Koirala, the CPN (M) ministers presented their resignations on June 12.[63]

[edit] Parties

The following parties presented candidates ahead of the election.[64][65][66]

Election
symbol
Party name No. of
candidates
for FPTP system
No. of
candidates
for PR system
Top candidate
Chure Bhawar Rastriya Ekta Party Nepal 11 43 Keshav Prasad Mainali
Communist Party of Nepal (Maoist) 240 335 Lila Devi Mehta
Communist Party of Nepal (Marxist) 4 38 Durga Prasad Gyawali
Communist Party of Nepal (Marxist-Leninist) 113 138 C.P. Mainali
Communist Party of Nepal (Unified Marxist-Leninist) 240 335 Amrit Bohara
Communist Party of Nepal (Unified) 136 335 Bishnu Bahadur Tamang
Communist Party of Nepal (United Marxist) 48 100 Hemanta Bahadur B.C.
Communist Party of Nepal (United) 55 67 Chandra Dev Joshi
Dalit Janajati Party 50 74 Biswendra Paswan
Hindu Prajatantrik Party 4 64 Bisnhu Kumar Prasai
Janamorcha Nepal 203 335 Ritakumari Sunar
Janamukti Party Nepal 3 79 Lakshmi Devi Tuladhar
Liberal Samajbadi Party 3
League Nepal Shanti Ekta Party 10 63 Sharan Bahadur Bhandari
Lok Kalayankari Janata Party Nepal 34 100 Kishori Mehta
Madhesi Jana Adhikar Forum, Nepal 103 100 Upendra Yadav
Mongol National Organisation 17 46 Krishna Bahadur Tamang
Muskan Sena Nepal Party 34 46 Pradip Giri
Nawa Janabadi Morcha 15 38 Shankarlal Shrestha
Nawa Nepal Prajatantrik Dal 2 36 Anoop Kumar Pahari
Nepa Rastriya Party 6 73 Buddharatna Manandhar
Nepal Dalit Shramik Morcha 1 46 Roma Bishwakarma
Nepal Janabhavana Party 2 49 Ram Kishun Pasi
Nepal Janata Party 25 58 Khemnath Acharya
Nepal Loktantrik Samajbadi Dal 11 84 Tara Chandra Chauduri
Nepal Rastriya Bikas Party 13 42 Takashi Miyahara
Nepal Rastriya Janakalayan Party 3
Nepal Rastriya Loktantrik Dal 2 36 Binod Kumar Kshetri
Nepal Sadhabhavana Party (Anandidevi) 104 76 Rakesh Kumar Gupta
Nepal Samata Party 14 35 Sakila Ranjitkar
Nepal Samyabadi Dal 1 42 Mukunda Khanal
Nepal Shanti Kshetra Parishad 3 40 Tilakbahadur Negi
Nepal Sukumbasi Party (Loktantrik) 11 58 Manju Kumari Suyal
Nepal Workers Peasants Party 98 86 Narayan Man Bijukchhe
Nepali Congress 240 335 G.P. Koirala
Nepali Congress (Rastrabadi) 0 50 Khanuparude
Nepali Janata Dal 40 99 Bishwanath Prasad Agrawal
Rashtrabadi Ekta Party 2 50 Chandra Maya Maharjan
Rashtrabadi Yuba Morcha 5 59 Shyam Kumar Thapa
Rastriya Bikas Party 21 38 Asarfi Shah
Rastriya Janamorcha 122 335 Santbahadur Nepali
Rastriya Janamukti Party 84 100 Urmila Kumari Nepali
Rastriya Janata Dal 8 39 Bhogendra Nath Shah Kanu
Rastriya Janata Dal Nepal 17 81 Bharat Prasad Mehta
Rastriya Janshakti Party 198 304 Shakuntala Devi
Rastriya Prajatantra Party 233 335 Lokendra Bahadur Chand
Rastriya Prajatantra Party Nepal 204 266 Bhojraj Ghimire
Sadbhavana Party 87 100 Bishwanath Singh Rajbanshi
Samajbadi Party Nepal 5 41 Mumtaz Alam
Samajbadi Prajatantrik Janata Party, Nepal 50 175 Prem Bahadur Singh
Sanghiya Loktantrik Rastriya Manch 45 100 Dev Kumar Buddhist
Sa-Shakti Nepal
Shanti Party Nepal 12 69 Tej Prasad Upadhaya
Tamsalin Nepal Rastriya Dal 22 54 Parshuram Tamang
Tarai-Madhesh Loktantrik Party 94 100 Mahendra Prasad Yadav
Independents 816

Notably, the Nepali Congress and Nepali Congress (Democratic) merged prior to the elections on 25 September 2007.[67]

The Communist Party of Nepal (Marxist-Leninist-Maoist Centre), which had registered itself ahead of the elections and which held 1 MP, has merged into the Communist Party of Nepal (Maoist).

On the day before the filing deadline, the Rastriya Janashakti Party announced it would boycott the election, citing the fact that the government "ignored the worsening situation in the Terai plans". The Green Nepal Party had earlier also announced a boycott, demanding that a neutral caretaker government supervise the polls.[68]

Of the 74 registered political parties, 38 submitted closed candidate lists for the proportional representation by the deadline of 20 February 2008. The deadline for filing for the FPTP seats is 25 February 2008.[69]

[edit] Results

Further information: Results of the Nepalese Constituent Assembly election, 2008
ed Summary of the 10 April 2008 Nepalese Constituent Assembly election results
Party FPTP Proportional Seats
Votes % +/–%— Votes % FPTP Prop. Nominated Total %
Communist Party of Nepal (Maoist) 3,145,519 30.52 3,144,204 29.28 120 100 220 36.60
Nepali Congress 2,348,890 22.79 –14.50 2,269,883 21.14 37 73 110 18.30
Communist Party of Nepal (Unified Marxist-Leninist) 2,229,064 21.63 –16.62 2,183,370 20.33 33 70 103 17.14
Madhesi Jana Adhikar Forum, Nepal 634,154 6.15 678,327 6.32 30 22 52 8.65
Tarai-Madhesh Loktantrik Party 345,587 3.35 338,930 3.16 9 11 20 3.33
Rastriya Prajatantra Party 310,214 3.01 –10.84 263,431 2.45 0 8 8 1.33
Communist Party of Nepal (Marxist-Leninist) 168,196 1.63 243,545 2.27 0 8 8 1.33
Sadbhavana Party 174,086 1.69 167,517 1.56 4 5 9 1.50
Janamorcha Nepal 136,846 1.33 –0.89 164,381 1.53 2 5 7 1.16
Communist Party of Nepal (United) 39,100 0.38 154,968 1.44 0 5 5 0.83
Rastriya Prajatantra Party Nepal 76,684 0.74 110,519 1.03 0 4 4 0.50
Rastriya Janamorcha 93,578 0.91 106,224 0.99 1 3 4 0.66
Rastriya Janshakti Party 79,925 0.77 102,147 0.95 0 3 3 0.50
Nepal Workers Peasants Party 65,908 0.64 +0.08 74,089 0.69 2 2 4 0.66
Sanghiya Loktantrik Rastriya Manch 36,060 0.35 71,958 0.67 0 2 2 0.33
Nepal Sadbhavana Party (Anandidevi) 45,254 0.44 –2.78 55,671 0.52 0 2 2 0.33
Rastriya Janamukti Party 38,568 0.37 –0.70 53,910 0.50 0 2 2 0.33
Nepali Janata Dal 17,162 0.17 +0.04 48,990 0.46 0 2 2 0.33
Communist Party of Nepal (Unified) 51,928 0.50 48,600 0.45 0 2 2 0.33
Dalit Janajati Party 31,444 0.30 40,348 0.37 0 1 1 0.17
Nepa Rastriya Party 11,352 0.11 37,757 0.35 0 1 1 0.17
Samajbadi Prajatantrik Janata Party 13,246 0.13 35,752 0.33 0 1 1 0.17
Chure Bhawar Rastriya Ekta Party 18,908 0.13 28,575 0.27 0 1 1 0.17
Nepal Loktantrik Samajbadi Dal 10,432 0.10 25,022 0.23 0 1 1 0.17
Nepal Parivar Dal 23,512 0.22 1 1 0.17
Communist Party of Nepal (Marxist) 1,759 0.02 21,234 0.20 0 0 0
Tamsaling Nepal Rastriya Dal 5,468 0.05 20,657 0.19 0 0 0
Rastriya Janata Dal 5,556 0.05 19,305 0.18 0 0 0
Communist Party of Nepal (United Marxist) 10,076 0.10 –0.04 18,717 0.17 0 0 0
Lok Kalayankari Janata Party 6,700 0.06 18,123 0.17 0 0 0
Nepal Janabhavana Party 104 0.00 ±0.00 13,173 0.12 0 0 0
Rastriya Janata Dal Nepal 4,497 0.04 12,678 0.12 0 0 0
Nepal Janata Party 5,635 0.05 12,531 0.12 0 0 0
Mongol National Organisation 6,349 0.06 –0.01 11,578 0.11 0 0 0
Nepal Shanti Kshetra Parishad 45 0.00 10,565 0.10 0 0 0
Shanti Party Nepal 970 0.01 10,511 0.10 0 0 0
Rastriya Bikas Party 2,612 0.02 9,329 0.09 0 0 0
Nepal Sukumbasi Party (Loktantrik) 1,459 0.01 8,322 0.08 0 0 0
Nepal Rastriya Bikas Party 1,603 0.01 8,026 0.07 0 0 0
Nepal Dalit Shramik Morcha 93 0.00 –0.08 7,107 0.07 0 0 0
Samajbadi Party Nepal 1,197 0.01 6,564 0.06 0 0 0
Muskan Sena Nepal Party 2,490 0.02 6,292 0.06 0 0 0
Nepali Congress (Rastrabadi) 5,721 0.05 0 0
Nepal Samyabadi Dal 60 0.00 5,478 0.05 0 0 0
Nawa Janabadi Morcha 992 0.01 5,193 0.05 0 0 0
Hindu Prajatantrik Party 265 0.00 4,902 0.05 0 0 0
Nepal Samata Party 459 0.00 4,697 0.04 0 0 0
Rastrabadi Yuba Morcha 496 0.00 4,772 0.04 0 0 0
League Nepal Shanti Ekta Party 316 0.00 4,443 0.04 0 0 0
Rastrabadi Ekta Party 43 0.00 4,150 0.04 0 0 0
Sa-Shakti Nepal 532 0.00 3,752 0.03 0 0 0
Janamukti Party Nepal 281 0.00 –0.11 3,396 0.03 0 0 0
Nepal Rastriya Loktantrik Dal 57 0.00 3,216 0.03 0 0 0
Nawa Nepal Prajatantrik Dal 34 0.00 3,016 0.03 0 0 0
Liberal Samajbadi Party 152 0.00 0 0
Nepal Rastriya Janakalayan Party 96 0.00 0 0
Independents 123,619 1.20 –1.54 2 2 0.33
Not yet determined 26 26
Total (turnout %) 10,306,120 100.00 10,739,078 100.00 240 335 26 601 100.00
Source: www.election.gov.np nepalnews.com

[edit] References

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  64. ^ पार्टीको सूची — Election Commission of Nepal.
  65. ^ पार्टीको सूची — Election Commission of Nepal.
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  68. ^ Former Nepali PM's party boycotts upcoming CA polls. People's Daily Online.
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