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The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPART 14ELECTION COMMISSION128. Election Commission(1) <strong>The</strong>re shall be an Election Commission in <strong>Nepal</strong> consisting <strong>of</strong> a Chief ElectionCommissioner and up to four other Commissioners. If, apart from the ChiefElection Commissioner, other Election Commissioners are appointed, the ChiefElection Commissioner shall act as the Chairperson <strong>of</strong> the Election Commission.(2) *<strong>The</strong> President shall, on the recommendation <strong>of</strong> the <strong>Constitution</strong>al Council,appoint the Chief Election Commissioner and the Election Commissioners.(3) Subject to the proviso under sub-clause (a) <strong>of</strong> clause (7), the term <strong>of</strong> <strong>of</strong>fice <strong>of</strong>the Chief Election Commissioner and the Election Commissioners shall be sixyears from the date <strong>of</strong> appointment.Provided that,(a) If before the expiry <strong>of</strong> his/her term the Chief Election Commissionerand the Election Commissioner attains the age <strong>of</strong> sixty-five, he/she shallretire.(b) <strong>The</strong> Chief Election Commissioner and the Election Commissioner maybe removed from his/her <strong>of</strong>fice on the same grounds and in the samemanner as has been set out for the removal <strong>of</strong> a Judge <strong>of</strong> the SupremeCourt.(4) <strong>The</strong> <strong>of</strong>fice <strong>of</strong> the Chief Election Commissioner or an Election Commissionershall be deemed vacant in the following circumstances(a) if he/she submits a written resignation **to the President,(b) if pursuant to clause (3) his/her term expires or he/she is removed from<strong>of</strong>fice,(c) if he/she dies.198*Amended on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065. Originallyread: the Prime Minister*Amended on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065. Originallyread: to the Prime Minister

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