Section 26
Decision By Commission
(1) If two or more groups with at least forty percentmembers of Central Executive Committee related to the political party registered with
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Amended by Some Election Related Nepal Acts Amendment Act, 2064 (2007)
the Commission, make an application to the Commission for having recognition pursuant to this Act, claiming the name, constitution, election symbol or flag of that political party, the Commission shall settle such dispute.
Provided that, the commission shall not entertain such application received after the declaration of the election date.
(2) While settling the dispute pursuant to Sub-section (1), the Commission shall send a notice to the parties to such dispute to furnish their respective views within a time limit of fifteen days.
(3) The concerned parties to such dispute shall furnish their views with the time limit of the notice received pursuant to Sub-section (2).
(4) While settling a dispute relating to any political party pursuant to this Section, the Commission may, in the event of an understanding reached following consultations with the parties to dispute, decide to provide recognition to any party pursuant to such understanding and register the other party as a separate political party.
(5) If the parties to dispute fail to reach an understanding pursuant to Subsection (4), the Commission shall order such parties to submit to the Commission the grounds and evidence showing that they have been using or are entitled to use the name, constitution, election symbol or flag as claimed by them.
(6) If, based on the grounds and evidence, if any, submitted pursuant to Sub-section (5), there is adequate ground for providing recognition to any party, the Commission may decide accordingly; and if no such grounds and evidence are submitted or if that matter cannot be ascertained from the grounds or evidence …submitted, the Commission may provide recognition to that party of dispute which has majority of office bearers and members out of the office-bearers and members of the Central Executive Committee whose names were submitted by such political party prior to making application pursuant to Sub-section (1) and register the other party either as a separate political party or as a separate group of the same political party.
Provided that, if there appears that none of the parties to dispute commands majority, no party shall be recognized.
♣__________________________________
Amended by Some Election Related Nepal Acts Amendment Act, 2064 (2007)
the Commission, make an application to the Commission for having recognition pursuant to this Act, claiming the name, constitution, election symbol or flag of that political party, the Commission shall settle such dispute.
Provided that, the commission shall not entertain such application received after the declaration of the election date.
(2) While settling the dispute pursuant to Sub-section (1), the Commission shall send a notice to the parties to such dispute to furnish their respective views within a time limit of fifteen days.
(3) The concerned parties to such dispute shall furnish their views with the time limit of the notice received pursuant to Sub-section (2).
(4) While settling a dispute relating to any political party pursuant to this Section, the Commission may, in the event of an understanding reached following consultations with the parties to dispute, decide to provide recognition to any party pursuant to such understanding and register the other party as a separate political party.
(5) If the parties to dispute fail to reach an understanding pursuant to Subsection (4), the Commission shall order such parties to submit to the Commission the grounds and evidence showing that they have been using or are entitled to use the name, constitution, election symbol or flag as claimed by them.
(6) If, based on the grounds and evidence, if any, submitted pursuant to Sub-section (5), there is adequate ground for providing recognition to any party, the Commission may decide accordingly; and if no such grounds and evidence are submitted or if that matter cannot be ascertained from the grounds or evidence …submitted, the Commission may provide recognition to that party of dispute which has majority of office bearers and members out of the office-bearers and members of the Central Executive Committee whose names were submitted by such political party prior to making application pursuant to Sub-section (1) and register the other party either as a separate political party or as a separate group of the same political party.
Provided that, if there appears that none of the parties to dispute commands majority, no party shall be recognized.