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Section 5
Fixing the date of election
: (1) Government of Nepal will fix the date of election. But before setting the date of the election, the government of Nepal should consult the Commission.
(1a) When setting the date of election in accordance with sub-section (1), the date of the election of the member position that becomes vacant after the expiration of the term established in accordance with sub-section (3) of Article 86 of the Constitution shall be set so that the election is held thirty-five days before that position becomes vacant. Apart from that, in the event that the post is vacant for any other reason and a by-election has to be held, the date should be set so that the election is completed within thirty-five days from the date of the vacancy.
(2) In accordance with this section, the notification of the election date shall be published in the Nepal Gazette.