Vacancies Emerge in Local Governments as Officials Head to Federal Parliament After Elections

Kathmandu. Due to the recently concluded House of Representatives elections, many local levels across the country have become without elected representatives. Many incumbent local representatives who aspired to join the Federal Parliament with tenure remaining have lost the elections. Out of 14 incumbent representatives who harbored ambitions of becoming lawmakers, 11 were defeated.

Mayors, Deputy Mayors, and Ward Chairpersons from various local levels nationwide had registered their candidacies for the House of Representatives elections held on Falgun 21 last year. In this election, only Balendra Shah (Balen), the former Mayor of Kathmandu Metropolitan City, Harka Raj Rai (Sampang), the former Mayor of Dharan Sub-Metropolitan City, and Sushil Sah Kanu, a Ward Chairperson of Birgunj Metropolitan City, succeeded in winning.

Balen Shah and Harka Sampang, who gained prominence after being elected independently in local levels, managed to maintain their popularity in central politics. Balen, who contested from Jhapa Constituency No. 5 representing the Rastriya Swatantra Party (RSP), defeated competitors including CPN-UML Chairman and former Prime Minister KP Sharma Oli by a significant margin.

Similarly, Harka Sampang, who competed from Sunsari Constituency No. 1 representing his own 'Labor Culture Party', also succeeded in securing a victory, marking a leap into central politics. He surpassed the RSP candidate Sarin Tamang and the CPN candidate Manoj Bhattarai, who was also the Ward Chairperson of his own ward.

Likewise, Sushil Sah Kanu, who resigned from the post of Ward Chairperson of Birgunj Metropolitan City to contest from Parsa Constituency No. 2 for the RSP, also won, gaining the opportunity to move directly from the ward to the Parliament building. He defeated former minister Ajay Chaurasiya of the Nepali Congress. Meanwhile, Renu Dahal, who resigned from the post of Mayor of Bharatpur Metropolitan City to contest from Chitwan Constituency No. 3, was defeated by RSP's Sobita Gautam.

The positions held by the defeated and victorious representatives are now vacant.

Not only those who faced defeat, but also Ashok Byanju Shrestha, former Mayor of Dhulikhel; Dilip Bagadiya, former Mayor of Rangeli; Ran Bahadur Rai, former Mayor of Suryodaya; Ramlal Dagaura Tharu, former Mayor of Tikapur; Asim Rai, Chairman of Thulung দুধkoshi Rural Municipality; Major Kumar Rai, Chairman of Limchungbung Rural Municipality; Kamaruddin Rai, Deputy Mayor of Nepalgunj; and Asmita Thapa, Vice-Chairperson of Likhu Rural Municipality, are among those defeated. Furthermore, Ward Chairpersons including Ramkishore Singh of Birgunj and Manoj Bhattarai of Dharan were also defeated.

By-election or Legal Alternative?

The tenure of these representatives, who won in the elections held in Baisakh 2079 BS, is five years. However, with the posts becoming vacant 14 months before the end of their term, a dilemma has arisen whether to hold by-elections or adopt some other alternative arrangement.

Federalism expert Dr. Khim Lal Devkota suggested adopting an alternative legal measure instead of an expensive by-election. He says, 'It is not wise to hold elections spending a large sum of money for a term of one year or less. Arrangements can be made by amending the law to assign the responsibility of acting head to the senior official of the concerned level for the vacant post.'

According to Dr. Devkota, if a Ward Chairperson's post becomes vacant, the senior member of that ward can be given the acting responsibility, and if the Mayor's post becomes vacant, the Deputy Mayor or the senior among the Ward Chairpersons can be given the acting responsibility to run the local government.

Election Commission Says: We Have Not Done Homework Yet

Acting Chief of the Election Commission, Ram Prasad Bhandari, stated that the Commission is currently busy with the House of Representatives election work, and therefore, no homework has been done regarding filling the vacant posts in the local levels. According to him, the government has not yet made a decision on this matter, and the Commission will take the necessary decision only with the government's consent.

What is the Legal Basis?

There is a legal provision that if the posts of Mayor and Deputy Mayor of local levels become vacant for any reason, and more than one year of their tenure remains, the post must be filled through a by-election. According to the provisions of the Local Level Election Act, if the post of Mayor or Deputy Mayor becomes vacant due to death, resignation, or any other reason, and more than one year of the remaining tenure exists, the Government of Nepal must set the date for the election in consultation with the Election Commission.

The officials elected through such a by-election will remain in office only for the remaining term.

Section 107 of the Act mentions the provision regarding the by-election for Ward Chairpersons. According to this section, if any Ward Chairperson's post becomes vacant for any reason with more than one year of tenure remaining, the post shall be filled through a by-election for the remaining term.