(1) The Government of Nepal
may constitute an Election Constituency Delimitation Commission, to determine
election constituencies for the purpose of election to the members of the Federal
Parliament and members of the State Assemblies in accordance with this
Constitution, which shall consist of the following as the Chairperson and members:
(a) Retired Judge of the Supreme Court -Chairperson
(b) One Geographer -Member
(c) One sociologist or demographer -Member
(d) One administration expert or jurist -Member
(e) Gazetted special class officer of the
Government of Nepal
-Membersecretary
(2) The term of office of the Election Constituency Delimitation
Commission shall be as prescribed at the time of its constitution.
(3) A person shall be qualified to be appointed as the Chairperson or a
member of the Election Constituency Delimitation Commission if he or she
possesses the following qualification:
(a) holding at least bachelor’s degree in related subject from a
recognized university,
(b) having attained the age of forty-five years, and
(c) having high moral character.
(4) The office of the Chairperson or a member of the Election
Constituency Delimitation Commission shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing,
(b) if he or she is removed by the Government of Nepal, Council of
Ministers,
(c) if he or she dies.
(5) While determining election constituencies pursuant to this Article,
the Election Constituency Delimitation Commission shall so determine the
constituencies, having regard to population and geography as the basis of
representation, and as to ensure that the ratio between the geography, population
and number of members of such election constituencies is equal, so far as
practicable.
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(6) While delimitating election constituencies pursuant to clause (5),
regard must be had to, inter alia, the density of population, geographical
specificity, administrative and transportation convenience, community and cultural
aspects of the constituencies.
(7) No question may be raised in any court on any matter of the
determination, or review, of election constituencies made by the Election
Constituency Delimitation Commission.
(8) The Election Constituency Delimitation Commission shall submit a
report on the works it has performed to the Government of Nepal.
(9) The Government of Nepal, Council of Ministers, shall lay the report
received pursuant to clause (8) before the Federal Parliament and send it to the
Election Commission for implementation.
(10) The Election Constituency Delimitation Commission shall determine
its rules of procedures itself.
(11) The remuneration and facilities of the Chairperson and the members
of the Election Constituency Delimitation Commission shall be similar to those of
the Chief Election Commissioner and the Election Commissioners of the Election
Commission, respectively.
(12) The election constituencies delimited in accordance with clause (5)
must be reviewed in every twenty years.
(13) The Government of Nepal shall provide such employees as may be
required for the Election Constituency Delimitation Commission.