Mixed Electoral System for CA Polls in Nepal

By Siddhi B. Ranjitkar

The mixed electoral system is supposed to provide the Nepalis belonging to the minority groups with room for a proportional representation in the to-be-elected CA. It has the provision for making political parties to ensure the representation of the minority groups including women. However, the system is so complicated that the minority groups are not sure of ensuring their representation in a CA based on the population. If they missed their representation in the CA that would craft a new constitution this time then they might miss it for many years to come. So, they have been holding rallies demanding their proportional representation in a CA. Some of them are armed groups in terai have vowed that they would not let hold an election for a CA in terai on November 22, 2007, as it does not meet their demand for proportional representation in a CA.

The Seven-party alliance (SPA) and the CPN-Maoist had agreed to a ‘mixed electoral system’ for holding an election for a constituent assembly (CA) that would craft a new constitution. The Madheshi and ethnic Nepalis have been protesting against this sort of system and demanding a proportional representation system based on the population. Then, the CPN-Maoist put forward a 22-point demand to the coalition government giving a deadline of September 18, 2007 to meet the demand before the CA polls otherwise it would pull out of the government take the issue to the streets. The two of the 22-point demand are ensuring the proportional representation of all Nepalis in the CA and declaring Nepal a republic before holding the election for a CA. On September 18, the four Maoist Ministers jointly tendered their resignation to the Interim Head of State and Prime Minister Girija Prasad Koirala and walked to the open theater in Kathmandu to participate in the mass meeting held by the CPN-Maoist.

The mixed electoral system designed for an election for a CA has two main components such as 1) first-past-the-post electoral system and 2) proportional electoral system.

The ‘first-past-the-post electoral system’ is similar to any parliamentary electoral system. Two hundred and forty representatives are supposed to be elected under this system. So, the country is divided into 240 constituencies for this purpose. All the political parties registered with the Election Commission can put up their candidates for all the constituencies, and also independents can stand for their election. The political parties are supposed to ensure the representation of the minority groups and women but the system does not ensure their election.

The ‘proportional electoral system’ is for ensuring the proportional representation of all political parties. It is also for 240 representatives. The whole country would be considered as one single constituency and Nepalis would be voting for political parties of their choice. Then, the Election Commission would declare the candidates provided by each political party the winners proportional to the votes they received.

Each political party has to submit a list of its candidates to the Election Commission before the election for the ‘proportional electoral system’. This list is called a ‘closed list’, as the Election Commission and the political party submitting the list would not disclose the names of the candidates listed on this list.

Pursuant to the Election Laws, rules and regulations, all political parties should make sure that the ‘closed list’ of their candidates would ensures the representation of ethnic groups, Madheshis, women and other minority groups based on the population census of 2001. However, it is not clear how the winners in the election would be the representatives of all groups, as only a portion of the list of candidates presented by each political party would have a chance to be winners proportional to the votes it has received.

The ballot papers for the ‘first-past-the-post electoral system’ are colored blue and for the ‘proportional representation system’ light red to make voters easily identify the votes for individual candidates and political parties. Each voter would receive two ballot papers: one for individual candidates another for political parties standing as candidates. Each voter has to mark the individual candidate of his/her choice in the blue ballot paper, and the political party of his/her choice in the light red ballot papers, and dropped the blue ballot paper in the blue box and the light red ballot paper in the light red box.

The District Election Commissioners declare the results of the elections held based on the ‘first-past-the-post electoral system’ but they send the votes received under the ‘proportional representation system’ to the office of the Election Commission in Kathmandu to add up to the total votes each political party has received. Then, the Election Commission would declare the number of winners of each political party based on the votes it received. This is called a proportional representation.

The Madheshi and the ethnic Nepalis are not accepting this so-called ‘mixed electoral system’. So, they have been demanding the proportional representation in a CA based on the population. Accepting the mistake of agreeing to the ‘mixed electoral system’, the Maoists have pulled out of the coalition government demanding an electoral system that would ensure the full representation of all Nepalis in a CA.

If the Madheshi and ethnic Nepalis’ protests continued then the CA polls would not be held meaningfully. They are determined to continue the protest against any election that would not ensure their proportional representation, and if the government continues to prepare for holding the election for a CA under the ’mixed electoral system’ disregarding their demand. Some armed groups of the Madheshi regional groups had already declared that they would physically harmed the people engaged in such an election campaign. Some ethnic groups are determined to make the ‘mixed electoral system’ a failure.

Disregarding the voices of the Madheshi and the ethnic Nepalis for an electoral system that would ensure the proportional representation of all Nepalis based on the population census, Interim Prime Minister Girija Prasad Koirala has expressed his commitment to hold an election for a CA on November 22, 2007.  The SPA has been attempting to enforce the ’mixed electoral system’ without considering the Madheshi and ethnic Nepalese people’s concerns.

The international community has been putting pressure on the Interim Prime Minister to hold an election for a CA not knowing what would be the results of such an election that would not be acceptable to the Madheshi and ethnic Nepalis. Anyone having a capacity of a little bit of logical thinking would never do so as it would provoke political instability and chaos in the country even if the Interim Prime Minister successfully held an election for a CA using all forces the state posses. It is shame on the members of the international community and the Nepalese Prime Minister if they would hold an election not acceptable to the section of the Nepalese community.

The election for a CA is unique in the sense it is going to be held only once during the lifetime of the country to craft a new constitution. So, any logical thinking human will not deny the need for the electoral system that will ensure the representation of all Nepalese people in a CA, as it is going to write a constitution not for a section of Nepalis but for the entire Nepalese population. Only the constitution crafted by the CA having the representation of every section of Nepalis will be acceptable to all Nepalis.