INSUBCONTINENT EXCLUSIVE:
KATHMANDU, APRIL 7The main opposition CPN- UML has submitted a three-page memorandum to the Election Commission,
arguing that some of the code's provisions violated freedom of expression.
Parties committed to fully abiding by election
EC tells parties to abide by poll code of conduct
It said that Section 4 of the poll code that applied to all
- political parties, candidates, candidates' agents, and voters - curtailed parties' freedom of expression.
Section 4 (q)
states that no one shall express views or produce materials in favour or against anybody with the motive of influencing elections.It adds
that such material should not be put on social media.The UML said the provision prohibited parties and candidates from conducting election
campaign and soliciting votes in their favour.It added that the provision was against the spirit of the constitution and would deprive
people of an opportunity to choose the best political party.The party also condemned Section 5 of the code that prevented members of the
executive of any tier of the government, including ministers and the prime minister, from soliciting votes from any constituency other than
It said the provision was against the spirit of the constitution.It said the EC should not seek to curtail ideological and political
affiliations of members of the government.The UML said the poll code prevented people associated with private or non-governmental
organisations from expressing views in favour or against any political party or candidate.If this provision is enforced before the silence
period, it will curtail citizens' freedom of expression, it added.It also asked the EC to clarify the provisions of the code that stipulated
that candidate shall not use their party flags or election symbols at places other than their offices and they shall not use their websites
to publicise their mass meetings.The party said if that provision intended to restrict parties and candidates from running their election
campaign through their webpage, that would be against the constitution.The party said as parties and candidates were prohibited from using
banners and painting walls to propagate their poll related messages, webpages were effective media for doing the same.The UML also urged the
Election Commission to reconsider the code's provision that prohibited sitting members of the local governments from contesting local
elections.It said if representatives of the local governments had to resign before filing nomination papers for local polls, it could lead
to vacuum in the local government, something not envisaged by the constitution.It said Section 3 (8) of the code of conduct that barred
parties' cadres from disputing decisions of polling officers and returning officers was aimed at preventing political parties and candidates
from seeking court remedies against decisions of polling officers and returning officers.The EC has not yet enforced the poll code
Election Commissioner Ishwari Paudyal said the EC was studying UML's concerns and would take a call on them soon.A version of this article
appears in the print on April 8, 2022, of The Himalayan Times.
This article first appeared/also appeared in https://thehimalayantimes.com