(1) Each State Assembly shall consist of a
number of members, as follows:
(a) Members in a number that is twice as many as the number of
members elected to the House of Representatives from the
concerned State, through the first past the post electoral system,
(b) The number of members to be set under clause (a) shall be
considered to be sixty percent, and the rest forty percent members to
be elected, through the proportional electoral system.
(2) Election constituencies shall be set on the basis of geography and
population as provided for in the Federal law, for the election to members under
sub-clause (a) of clause (1).
(3) Sixty percent members of the State Assembly shall be elected in
accordance with the first past the post electoral system and the forty percent
members in accordance with the proportional electoral system.
(4) Election to the members of the State Assembly under clause (3) shall
be held through adult suffrage by secret ballots in accordance with law.
(5) Each citizen of Nepal who resides within the territory of the State
and who has completed the age of eighteen years shall have a right to vote in any
one election constituency in accordance with law.
(6) The Federal law shall provide that, in fielding candidacy by political
parties for the election to the State Assembly under the proportional electoral
system, representation shall be ensured on the basis of a closed list also from
women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Tharu,
Muslims and backward regions, minority communities, on the basis of population.
In so fielding candidacy, regard shall also be had to geographical balance of the
concerned State.
Explanation: For the purposes of this clause, “Khas Arya” means Kshetri,
Brahmin, Thakuri, Sanyasi (Dashnami) community.
(7) In fielding candidacy under clause (6), political parties must provide
for representation of the persons with disabilities as well.
(8) If the seat of a member of the State Assembly falls vacant while its
term still remains for more than six months, the vacancy shall be filled through the
same electoral system as through which such seat was filled in.
(9) Notwithstanding anything contained elsewhere in this Article, at
least one third of the total number of members elected from each political party
representing in the State Assembly must be women. If women are not so elected as
to constitute one third of the elected members of any political party under subclause
(a) of clause (1), such political party must, in electing members under subclause
(b) of that clause, so elect that women members constitute at least one third
of the total number of members elected to the State Assembly from that party.
(10) A person who is qualified under Article 178 and entitled to vote in
an election to the members of the State Assembly may, subject to law, be a
candidate in any election constituency of the State.
Provided that a person shall not be a candidate in more than one election
constituencies at the same time.
(11) Other provisions relating to election to the State Assembly shall be
as provided for in the Federal law.