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CA poll code of conduct kicks in from July 22

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KATHMANDU, July 11: The Election Commission (EC) has brought in an election code of conduct with effect from July 22, 120 days before the Constituent Assembly (CA) poll scheduled for November 19.



According to EC Spokesman Bir Bahadur Rai, a meeting of the constitutional body held at its central office in the capital on Wednesday endorsed an earlier draft election code with some amendments. [break]



The election code of conduct, which is divided into eight chapters, will be applicable to candidates, political parties, their cadres, the government and its various bodies, non-government organizations (NGOs) and media organizations.



Though the commission had earlier proposed to ban the use of expensive means of transport, including helicopters, for election campaigning, it has now allowed the use of helicopters in 11 remote districts.



“The EC has allowed helicopters to be used for election campaigning in Solukhumbhu, Manang, Mustang, Dolpa, Humla, Jumla, Mugu, Kalikot, Bajhang, Bajura and Jajarkot districts as these districts are remote from the point of view of transport,” Election Commissioner Ayodhi Prasad Yadav told Republica.



The three major political parties --UCPN (Maoist), Nepali Congress (NC) and CPN-UML--were sharply divided over the provision banning the use of expensive means of transport, including helicopters, for electioneering purposes.



UCPN (Maoist) had stood against the ban while NC and the CPN-UML were in favor.

In another change to the proposed draft, the EC has reduced the maximum election expenditure allowed to each candidate competing under the proportional electoral system from Rs 100,000 to Rs 75,000, said Spokesman Rai.



As for candidates under First-Past-the-Post (FPTP) system, each one can spend a maximum of Rs 1 million for election campaigning.

FPTP candidates must submit reports to the EC district offices on their funding and expenditures while the political parties should submit their reports to the EC, within 35 days of the announcement of poll results, says the code of conduct.



The EC can fine anyone found in breach of the code of conduct Rs 100,000, and it can annul a candidacy if it is satisfied that there cannot be free and fair election because of violation of the code by anyone.



The EC can bar a candidate from contesting elections for six years if the candidate is found spending beyond the limits set by the election code of conduct.



As per the code of conduct, local authorities should ban the sale of alcoholic drinks after 8 p.m. from the date of filling of candidacies till three days before polling date. Sale of such drinks will be banned altogether from three days before polling till the results are announced.



The election code of conduct also prohibits the government from effecting promotions other than the regular ones. Similarly, the government cannot announce new programs other than those mentioned in the government budget.

According to the code of conduct, election publicity campaigns should not cause any harm to the country´s independence and territorial integrity, the state power, the multi-party system, human rights or the independence of the judiciary.



The EC has prohibited any publicity campaign that can create hatred on the basis of religion, ethnicity, gender or language, among other things.

Polite language should be used while making statements and one must not criticize the private lives of particular leaders or cadres, says the code of conduct. However, one can criticize the policy of any political party or candidate.



As per the code of conduct, election campaigns should not incite gender-related violence and no one should do or encourage others to do anything that is considered offensive as per the existing election-related laws. Election publicity must be gender-friendly.



The code of conduct has prohibited wall graffitti at religious and historical monuments and government buildings. It has maintained that while objecting to someone´s ideology, one should not protest before his/her home.



According to the election code of conduct, political parties and candidates should not deface the pamphlets of rivals. The code has also prohibited the burning of effigies of others during the election campaign.



Property owned by government organizations or bodies should not be used by the political parties or candidates.

The code of conduct has prohibited both private and state owned media from supporting any candidate or political party.



The code of conduct has prohibited the making of any changes in publicity material issued by the election commission. Political parties should also clean up their wall graffitti within 60 days of the announcement of poll results in the respective constituency.



Also, political parties and candidates must inform local authorities about their election rallies and gatherings 24 hours before hand and parties cannot change the venues for such gatherings without permission. Two or more political parties or leaders cannot hold rallies or gatherings at the same place at the same time.



The code of conduct has prohibited the organizing of rallies or gatherings that obstruct vehicular movement. Political parties and candidates will not be allowed to organize torch rallies or rallies with weapons.



The code of conduct has allowed publicity campaigning only from 7 a.m. to 7 p.m. Political parties and candidates cannot engage in any election campaigning from 48 hours before balloting and after the ballot.



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