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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(5) No person shall be eligible to be appointed as the Chief ElectionCommissioner or an Election Commissioner unless he/she -(a) holds a Bachelor's Degree from a university recognized by theGovernment of Nepal,(b) is not a member of any political party immediately before theappointment,(c) has attained the age of forty-five years, and(d) possesses high moral character.(6) The remuneration and other conditions of service of the Chief ElectionCommissioner and the Election Commissioners shall be as determined by law.The remuneration and other conditions of service of the Chief ElectionCommissioner and the Election Commissioners shall not, so long as they holdoffice, be altered to their disadvantage.(7) A person once appointed to the office of the Chief Election Commissioner oran Election Commissioner shall not be eligible for appointment in otherGovernment Services.Provided that,(a) Nothing in this clause shall be deemed to be a bar to the appointment of anElection Commissioner as Chief Commissioner, and when a Commissioneris so appointed as the Chief Commissioner, his/her term of office shall becomputed as to include his/her term as Commissioner as well.(b) Nothing in this clause shall be deemed to be a bar to appointment toany position of a political nature, or to any position which has theresponsibility of making investigations, inquiries or findings on anysubject, or to any position which has the responsibility of submittingadvice, opinions or recommendations after carrying out studies orresearch on any subject.129. Functions, duties and powers of the Election Commission(1) The Election Commission shall, subject to the provisions of this Constitutionand other laws, conduct, supervise, direct and control the elections to theConstituent Assembly, any referendum to be held pursuant to Article 157 ofthis Constitution, and the local government body elections. For these purposes,the Election Commission shall prepare the voters' rolls.(2) If, after nominations for election to Constituent Assembly have been filedbut before the election is completed, a question arises as to whether a candidateis disqualified or has ceased to possess the qualifications set out in Article 65, afinal decision thereon shall be made by the Election Commission.200