: (1) There shall be an Election Commission in Nepal which shall consist of a Chief Commissioner and four other Commissioners. The Chief Election Commissioner will act as the Chairman of the Election Commission.
(2) The President shall appoint the Chief Election Commissioner and the Commissioner on the recommendation of the Constitutional Council (3) The term of office of Chief Election Commissioner and Election Commissioner shall be six years from the date of appointment (4) Notwithstanding anything contained in sub-section (3), the office of Chief Election Commissioner and Election Commissioner shall be vacant in any of the following cases:-
(a) If he tenders his resignation in writing to the President,
(b) If he attains the age of sixty-five years,
(c) If the resolution of impeachment is passed against him in accordance with Article 101,
(d) If, on the recommendation of the Constitutional Council, the President dismisses him from office on the recommendation of the Constitutional Council that he is unable to perform his duties while in service due to physical or mental infirmity,
(e) In case of his death.
(5) The Chief Election Commissioner and the Commissioner appointed under sub-section (2) cannot be re-appointed. But the commissioner can be appointed to the post of chief election commissioner and if such commissioner is appointed to the post of chief election commissioner, the tenure of the commissioner will also be counted as a pair.
(6) A person having the following qualifications shall be eligible for appointment to the post of Chief Election Commissioner or Election Commissioner:-
(a) Graduated from a recognized university,
(b) Not being a member of any political party at the time of appointment (c) having completed the age of forty-five years, and
(d) having high moral character.
(7) The remuneration and service conditions of the Chief Election Commissioner and the Commissioner shall be in accordance with the federal law. As long as the Chief Election Commissioner and the Commissioner remain in their positions, the remuneration and service conditions will not be changed to their detriment. But this arrangement will not be applicable in the case of declaration of emergency due to extreme economic disorder.
(8) The Chief Election Commissioner of the Election Commission and persons who have become commissioners shall not be eligible for appointment to other government services. butNothing written in this sub-section shall be deemed to be a hindrance to being appointed to a political position or to a position to investigate, examine or investigate a subject or to submit an opinion, opinion or recommendation after studying or investigating a subject.