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Anti Defection Act, 2054 (1997)

Amendment,

Amendment,
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 2066-10-7 (21 Jan. 2010)
Act Number 6 of the Year 2054 (1997)
An Act made to provide for provisions relating to party defection

Preamble

Preamble :

Whereas, it is expedient to provide for provisions relating to the conditions where a member of the Constituent Assembly 1 has defected from the political organization or party of which such member was a candidate and elected and, on providing the notification thereof,
Now, therefore, be it enacted by the parliament in Twenty six year of reign of His Majesty the King Birendra Bir Bikram Shah Dev.

2. Definition

2. Definition : In this Act, unless the subject or context otherwise requires;
(a) “Party” means a political organization or a party of which a person was a candidate and elected as a member of the Constituent Assembly 2 constituted pursuant to the Interim Constitution of Nepal, 2063 (2007) 3 .

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1 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
2 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
3 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(b) “Constituent Assembly party 4 ” means the Constituent Assembly party which consists of the members of the Constituent Assembly 5 who were elected as a candidate of the concerned party.
Explanation : For the purpose of this Clause, in the case of a member who has joined a party pursuant to Sub-clauses (2 )and  (3) of Clause (d) the Constituent Assembly party also includes
the Constituent Assembly Party 6 of the party in which he/she has joined.
(c) “Executive committee” means the Central Executive Committee of a party and this expression also includes the body constituted in order to perform the functions of the Central Executive Committee in the concerned party regardless of whatever name has been provided for
the said body by the statute of the respective party.
(d) “Member” means the following persons;
(1) A person elected as a member of the Constituent Assembly 7 upon being a candidate of a party regardless of whether he/she has taken an oath of office or not.
(2) A person who joins a party and provides a notification thereof to the Secretariat of the Constituent Assembly 8 after being elected as an independent candidate.
(3) A person, after being elected in a member of the Constituent Assembly 9 upon being a candidate of a party, joins to any other party pursuant to Clauses (c) or (d) of Section 5 and

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4 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
7 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
8 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
9 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

provides a notification thereof to the Secretariat of the Constituent Assembly 10 .
(e) “Whip” means the member who has been assigned by the concerned constituent Assembly Party 11 to perform the function in the capacity of whip and this expression also includes chief whip (Ruling party) and head whip (party in opposition).

3. It may be deemed to have been occurred party defection

3. It may be deemed to have been occurred party defection :

(1) If a member commits any of the following acts, the concerned party may conclude that such member has defected from the party;
(a) Resigns in writing from the membership of the party,
(b) Joins any other party,
(c) Constitutes another party upon including him/herself.
(d) Casts his/her vote or remains neutral or absents from voting in the Constituent Assembly against the whip issued by the leader or 12 whip of his/her own Constituent Assembly Party 13 .
(e) Commits an act in contravention of Clause (d) of Sub- section (1) of Section 5. (2) Notwithstanding anything contained in Clause (d) of Sub-section
(1), if a member or his/her representative submits an application in writing to the Constituent Assembly Party 14 or whip within a period of Fifteen days from the date of commission of such an act upon stating the situation that was beyond his/her control and he/she failed to abide by the whip issued by the whip upon setting out the grounds and reasons thereof, the Committee

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10 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
11 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
12  Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
13 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
14 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

of Inquiry constituted by the Constituent Assembly Party 15 shall hold an official inquiry ,as may be required, for this purpose and if the committee finds that the grounds or reasons mentioned in the said application are satisfactory to the committee, it may recommend to the Executive Committee that the condition of party defection has not taken place.

5. Party defection not to be deemed

5. Party defection not to be deemed :

(1) It shall not be deemed that a member has defected from the party in the following condition;
(a) If the Chair person of the Constituent Assembly 16 acts as referred to in Clause (a) or (d) of Section 3.
(b) If the member who presides over the meeting of the Constituent Assembly 17 when the Chair Person is absent, acts as referred to in Clause (d) of Section 3 while he/she is on the chair
(c) If at least Forty percent members of Executive Committee in a party split and constitute a new party or merge in to an existing party.
(d) If at least Forty percent members of the Constituent Assembly Party 18 of a party split and constitute a new party or merge in to an existing party.

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15 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
16 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
17 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
18 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Provided that, the member who once splits from a Constituent Assembly party shall not be permitted for re-split in the same tenure.
(2) If the members constitute a new party or merge in to an existing party pursuant to Clause (c) or (d) of Sub-section (1), the concerned party shall provide the name list of such members and other documents to the Secretariat of Constituent Assembly 19.

6. Opportunity for clarification shall be given

6. Opportunity for clarification shall be given : The concerned party shall give a period of Fifteen days to the member to submit his/her clarification to the party before providing a notification to the Secretariat of the Constituent Assembly 20 which reads that he/she has defected the party
pursuant to this Act.

7. Procedure for providing notification relating to party defection

7. Procedure for providing notification relating to party defection :
The concerned party shall follow the following procedures in the course of providing a notification to the Secretariat of the Constituent Assembly 21 that a member has commits an act which may be deemed as party defection;
(a) The decision to provide a notification relating to party defection must be made by the majority votes of the total members of the Executive Committee of the party.
(b) While making a decision pursuant to Clause (a) the designation of the official who authenticates the said decision on the behalf of the party must be set out.
(c) The copy of the decision pursuant to Clause (a) which is authenticated by the official pursuant to Clause (b) and other evidence and document related with the said decision must be included.

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19 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
20 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
21 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

8. Submission of the notification

8. Submission of the notification : After completing the registration of the notification regarding party defection pursuant to Section 7 the said notification and other document attached to it shall be produced before the Chairperson of the Constituent Assembly 22.

9. Inquiry

9. Inquiry : After receiving the notification and documents pursuant to Section 8 the Chairperson of the Constituent Assembly 23 may hold an inquiry in to the notification whether the party has followed the conditions and procedures to be followed under this Act in the course of providing a
notification regarding party defection or not.

10. Providing Information to the Constituent Assembly or publishing notice

10. Providing Information to the Constituent Assembly or publishing notice : In the course of making an inquiry pursuant to Section 9 in to the notification produced pursuant to section 8 if it appears that the conditions and procedures to be followed under this Act in respect of proving a
notification of party defection is followed by the concerned party ,the Chairperson of the Constituent Assembly 24 shall inform the notification provided by the party with respect of party defection to the Constituent Assembly 25 within a period of Fifteen days from the date of receiving such notification pursuant to Section 7; and in case of prorogation or recess of the meeting of the Constituent Assembly 26 , such notification shall be published on the notice board of the Secretariat of the Constituent Assembly 27.

11. Vacation of the seat

11. Vacation of the seat : After giving the notice of party defection to the Constituent Assembly or publishing such notice on the notice board of the

 

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22 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
23 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
24 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
25 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
26 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
27 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Secretariat of the Constituent Assembly 28 , it shall be deemed to have been
vacated the seat of that member from the Constituent Assembly 29

13. To be deemed internal business

13. To be deemed internal business : The matter of providing a notification to the Constituent Assembly 31 and publishing such notice by the Chairperson of the Constituent Assembly 32 pursuant to Section 10 shall be
deemed to be an internal business of the Constituent Assembly.

 

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28  Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
29 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
30 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
31 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
32 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
33 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066