Election
Constituent Assembly elections were held in Nepal on 10 April 2008, having been postponed from earlier dates of 7 June 2007 and 22 November 2007. The Constituent Assembly was planned to draft a new constitution and therefore decide, amongst other things, on the issue of federalism. The number of eligible voters was around 17.5 million. The Constituent Assembly was originally set to have a term of two years.
The Communist Party of Nepal (Maoist) (CPN (M)), placed first in the election with 220 out of 575 elected seats, and became the largest party in the Constituent Assembly. It was followed by the Nepali Congress with 110 seats and the Communist Party of Nepal (Unified Marxist-Leninist) with 103 seats. After months of power-sharing discussions and deliberations, CPN (M) Chairman Prachanda was elected as Prime Minister in August 2008. Due to its failure in drafting a new constitution, the CA was dissolved on 28 May 2012 after its original and extended total tenure of 4 years.
Background.
The Election Constituency Delimitation Commission recommended these numbers and distribution of seats: 335 members would be elected through a proportionate electoral system, 240 members through election in constituencies and 17 on recommendation by the Council of Ministers.
The first delay for holding the assembly occurred due to the lack of preparation on behalf of the Election Commission as well as the seven parties that were at the helm of the government. The second delay, on 5 October 2007, occurred because the Maoists demanded that a republic be declared before the election and that a fully proportional system be used in the election instead of a mixed system. A compromise was agreed to on 4 November: the election would use a fully proportional system, but the republic would only be declared immediately after the Constituent Assembly election.
On 4 November, most parties in the interim parliament voted in favour of a Maoist proposal calling for a fully proportional election system. However, an absolute majority could not be achieved because the then largest party in the parliament, Nepali Congress, vehemently opposed the idea. Later, the problem was resolved when all of the parties agreed to an election where 60% of the elected seats would be allocated by the proportional system, and the remaining 40% by the direct system of election.
On 15 December, the government considered an amendment to the constitution. This amendment moved the deadline for Constituent Assembly elections from 15 December 2007 to 12 April 2008, and changed the membership of the Constituent Assembly: the seats for the proportional representation system were increased to 335 and the members nominated by the prime minister were increased to 26 from 17. As specified in the "Election to Members of the Constituent Assembly Act (2007)", party list representation will be calculated using a result divisor method, the Sainte-Laguë method.
The seats for first-past-the-post elections remained at 240, making the total number 601 seats instead of the earlier 497. The word "republic" was also included, but will have to be confirmed by the Constituent Assembly. The agreement was officially adopted on 23 December 2007 by the government and the Maoists stated they would rejoin the government shortly. The interim parliament approved the deal on 28 December, with 270 in favor and three opposed.
The Election Commission gave the parties which wished to register for the polls a new deadline of 14 January 2008; parties which had previously registered did not have to re-register. On 11 January, the Cabinet decided to hold the election on 10 April.
Ahead of the election, the Rastriya Prajatantra Party Nepal party sought to form a front of royalist parties. Another monarchist alliance, Samyukta Samabeshi Morcha, was also formed before the election.
An estimated 60% of the 17.6 million voters cast ballots, many of them lining up before dawn outside the 20,000 polling stations. The election of the 601-seat Constituent Assembly to write a new constitution was touted as the cornerstone of a 2006 peace deal struck with the Maoists-rebels, ending the Nepali Civil War in 2006 that forced Nepal's king Gyanendra to cede power, which he had seized in the year 2005. The election held great symbolic value for many in the impoverished Himalayan nation, where 60% of the 27 million people are under age 35 and many voted for the first time.
The Maoists left the interim government on 18 September 2007, citing the non-fulfillment of their demands (which included declaration of a republic before the elections). They stated they would launch street protests in favour of a republic and to ensure the elections will be held, but would also keep to the ceasefire. The Prime Minister stated that declaring a republic through the interim parliament would lack legitimacy. According to some analysts, the Maoists were worried that they lack support and were trying to avoid suffering an embarrassing election defeat at the polls.
On 26 September 2007, the Nepali Congress abandoned its tacit support for a constitutional monarchy and called on the Constituent Assembly to call for the monarch's abdication. The nomination deadline was extended on 30 September 2007 upon the request of the Seven Party Alliance.
The United Nations Security Council on 26 October 2007 called for the election to be held before the end of 2007.
An agreement with the United Democratic Madhesi Front was reached on 28 February 2008, thus ending their general strike. The agreement also included a provision increasing the proportion of seats reserved for the Madhesi minority from 20% to 30%. Furthermore, the parties were allowed to file for the election with an additional deadline set; the constituent parties of the United Madhesi Democratic Front (Madhesi Jana Adhikar Forum, Terai Madhesh Loktantrik Party, Sadbhavana Party) did so, as well as some others (including the Anandisingh Devi-led NSP(A), Nepal Samyabadi Dal, Rastriya Janashakti Party – who had stated they would boycott the election unless the Madhesi issue was resolved –, Nawa Janabadi Morcha, Nepali Rastriya Janabhavana Party, Rastriya Bikas Party and Rastrabadi Yuba Morcha).
Election.
Shortly before the election, Rishi Prasad Sharma, a CPN-UML candidate in Jahare Bazar town in Surket district, was killed, and the election there was delayed; another person was shot and killed by police during protests regarding Sharma's death. A Congress party rally on 7 April was attacked with a bomb; a bomb also went off near the UN mission in Kathmandu. On 8 April, police killed six Maoists who were engaged in clashes with Congress supporters in Dang district. Prachanda met with Koirala and emphasized the need to "show restraint and have a fair and free election". Gyanendra called "upon all adult citizens to exercise their democratic right in a free and fair environment".
About 135,000 police troops were deployed to provide security for the election, and there were about 20,000 polling stations. Travel and the sale of alcohol were banned while the election was held. On election day, Maoists reportedly tried to seize a polling station in Galkot and then set fire to it; 15 attackers were said to have been arrested. The Maoist leadership said that it was investigating this and that it was not trying to interfere with the election or disrupt it. In Chitwan district, "scuffles among party representatives" led to the suspension of voting at three polling stations. In Janukpur, a candidate was fired upon but was not injured; in Sarlahi district, an independent candidate was shot and killed. An activist was killed in clashes in Sunsari district. Despite such incidents, the election was deemed generally peaceful although held in a 'general atmosphere of fear and intimidation.'
Although voting was called off at 33 polling stations, the overall national voter turnout stood approximately at 60%. In many places, there was applause at the beginning and ending of voting.
On 12 April 2008, it was reported that the CPN (M) had won in three of the five constituencies where vote-counting had been completed. The Nepali Congress and the CPN (UML) each won one constituency. Early results also appeared favorable to the CPN (M) in 55 other constituencies where counting was continuing. A complete count in all 240 constituencies was expected to take several weeks.
Results from later on the same date showed that CPN (M) has won five of the seven declared seats, and was leading in 56 of the other 102 currently being counted; it was noted that the CPN (M) were more successful than analysts expected, as they were believed to be likely to come only in third place.
Polls were ordered to be repeated in at least 60 polling stations across 16 constituencies and 10 districts, though that number is likely to increase. The numbers were announced to have increased to 98 polling stations, 21 constituencies, 12 districts on 14 April 2008.
With the CPN (M) appearing to have won the election, Prachanda pledged that the party would work together with other parties in crafting the new constitution, and he assured the international community, particularly India and China, that the party wanted good relations and cooperation. He also said that the party had expressed its commitment to multi-party democracy through the election and that it would be faithful to its mandate from the people "to consolidate lasting peace".
Gyanendra expressed satisfaction at "the enthusiastic participation of the Nepali people" in the election.
Results from 17 April 2008 showed CPN (M) winning 116 seats, CPN (UML) 31 seats and the Nepali Congress 32 seats of the 218 seats declared so far.
As of 17 April 26 women have secured seats in the new assembly, 22 from the CPN (M), one from the Nepali Congress, two from the Madhesi Jana Adhikar Forum, Nepal and one from Terai Madhesh Loktantrik Party.
Pro-monarchy politician Rudra Bahadur from the Rastriya Prajatantra Party, who had failed to be elected in his constituency, was found murdered on 18 April 2008 in his home. Around the same time, Prachanda stated that he would "take the initiative to talk to the king in person" in hopes of convincing him to abdicate; he said that, after leaving the throne, Gyanendra could still live in Nepal and remain involved in business.
The CPN (M) won a plurality of seats in the election: 220 out of 575 (the remaining 26 members are to be chosen by the government formed after the election), with 120 seats through first-past-the-post constituencies and 100 through proportional representation. The party has said that, because it won more seats than any other party, it is entitled to lead the government.
Communist Party of Nepal (United) list MP Sunil Babu Pant is the first openly gay MP elected in Nepal.
Opening of the Constituent Assembly, declaration of the Republic.
The official and final list of members elected under the PR system was released on 8 May 2008; this meant the first meeting of the CA (which has to be held within 21 days of the publication of the final result) would be held before the end of May 2008. On 12 May 2008, it was announced that the first session of the CA would be held on 28 May 2008. The members of the CA were sworn in on 27 May 2008.
At the first session of the Constituent Assembly on 28 May, it voted to declare Nepal a federal democratic republic, thereby abolishing the monarchy. 564 members of the Constituent Assembly voted on this motion, with 560 in favor and four opposed. Of all the parties represented in the Constituent Assembly, only the Rastriya Prajatantra Party Nepal (RPP-Nepal) opposed the motion. Koirala said that Nepal was entering a new era and that "the nation's dream has come true", while celebrations took place in Kathmandu; 29 and 30 May were declared to be public holidays by the government. The Constituent Assembly also decided that Gyanendra should leave the Narayanhity Palace within 15 days.
Earlier on 28 May, the major parties agreed on the creation of the position of president, while the prime minister was to hold executive powers; however, they reached no agreement on exactly what powers the President should have or who should become president, and these deliberations led to a delay in the opening of the constituent assembly.
On 29 May, the royal standard was removed from Narayanhity Palace and replaced with the national flag. Gyanendra reportedly said on 2 June that he accepted the Constituent Assembly's decision.
Power-sharing discussions.
13 parties, including the CPN (M), the NC, and the CPN (UML), met at the Ministry of Peace and Reconstruction on 1 June; no agreement