While looking back at the general election held in 2017/18, it is almost near to complete its full term very soon. The election for the local level is not far enough as it has to take place around April 2022. Immediately after completion of the local level election, the election management body, the government and the political parties have to be engaged in other more important democratic exercises preparing themselves for the upcoming elections to the Provincial Assemblies and the House of Representatives of the Federal level. As the periodic elections are nearing, the debate on the electoral system and electoral integrity, in general, are taking place in important gatherings. While talking about electoral integrity, a host of particular issues which were taken into notice during the past elections, as such electoral lapses, deficiencies, difficulties, deterrence and limitations were being considered as serious constraints for the electoral integrity, are being talked and debated in the different parleys, gatherings and meetings. It is a common understanding that discussing the election procedures and electoral system is an encouraging symptom of maturity of the mass and attitude towards strengthening democracy.

With a federal system in place, an inclusive representation was intended. It was observed that the electoral system was and largely flawed by political parties in their favor by nominating their next of kith and kin under the proportional representation. If democracy is meant the representation of people, a considerable size of the voters residing as migrant workers abroad were denied their access to voting. Due to poor management of the election commission to timely educate voters, the invalid votes were beyond comprehension (17 percent in local level elections), according to a report of EOC-Nepal. A study report of EOC-Nepal also revealed that fifty-two percent of total representatives are from non-political background among them 15 percent is from construction and business sectors. The voters are, therefore, required subjective and objective orientation in order to use their voting rights properly. Voters' education is also important for creating awareness of equality, inclusiveness of unequal people into equal and active.

A study report by the Election Observation Committee Nepal revealed that not only the election code of conduct but also the limit of campaign expenditure was rampantly violated by all the contesting candidates beyond the proportion of their income source. The study also found that the probability of winning the election was higher with an increased campaign expenditure. Money and muscle powers were seen common in the electoral constituencies. This has been mainly tied with the flaws in the electoral process and practices characterized by the factors of abuse of authority, money, and muscles during elections in different forms.

All these anomalies presented in the electoral system is a grave concern for sustaining democracy, The questions also arise who should make accountable and how these anomalies are addressed. Since democracy is a system based on self-censored, self-restraint, cooperative and spirited collective effort within the boundary of prescribed law, the political parties, government, public and private organizations, non-governmental organizations, civic societies and all those within the space of the society should be made responsible and accountable to act within the democratic value and system. There are challenges before us and have the opportunity to convert them into an asset to make our system better.

Based on the experience and close observation the following issues, which in our opinion for maintaining the impartiality and recognition of the electoral integrity and wider acceptance, should be addressed with due consideration and priorities. The issues raised here have four-dimensional aspects- a) strengthening organizational capabilities of the enforcement agencies, b) review of laws and bylaws, (c) reform in procedural issues, and (d) controlling hate speech, propaganda, and misuse of mass media and social sites.

Amendment of laws:

Election Commission Act, 2073: In the existing laws concerning the election to the Federal and Provincial parliaments, some of the provisions have been deemed an impediment to ensure free and fair election that disregards the spirit of democracy. Some of the articles under the Election Commission Act, 2073 require to be reviewed and amend timely. They are Article 3, Article 4, Article 24 and Article 25. Article 3 is related to the announcement of the election date. According to it, the government in consultation with the election commission announces the election date. Whereas, many political analysts believe the opposite that the announcement of the election date should be made by the election commission in consultation with the government. (Rationale for it: The incumbent government may prolong its tenure by withholding elections due to some reasons.) Article 4 is related to the security and arrangement of security personnel by the federal and provincial governments. In practice, carried recruitment of temporary police personnel to deploy in the polling centers. With the experience accumulated in the past, the usefulness of such personnel was questioned prompting further for raising doubt of the utilization of national coffer.

Article 24 and 25 are related to the election campaign expenditure, and furnishing the statement of expenditure within the limit allocated by the election commission. These two articles are the most found dishonored by the respective parties and candidates with enough space for raising doubtful marks on the credibility, effectiveness, fairness and accountability and transparency of the elections process (refer to see a report by EOC-Nepal on Election Campaign Finance). Timely intervention with necessary amendments to the relevant laws are required to address the malaise of such practices. (In our opinion, with strong reservation to the prevailing system, are consistently raising the issues in different venues, to devise such a mechanism that compels all contestants to comply with the system that ensures transparency and accountability. To this end, the inclusion of a provision in the law insisting that all the candidates while filing their nomination to contest an election for any position of any level of governance, a declaration of property detail be made compulsory and make public for public scrutiny.)

With regard to Parliament Member Election Act, 2074 and Provincial Assembly Member Election Act, 2074, the Article 28 of the Parliament Member Election Act and its subsequent sub-article 10 and 11 has arranged for submitting the close list of members by the political party under the proportional representation system, and its revision within seven days. Similarly, Article 28 and its subsequent sub-article 9 and 10 of the Provincial Assembly Member Election Act, 2074 has the provision of submitting the close list and reviewing it within seven days under the proportional representation system. This is where most political parties found a loophole to play to meet the constitutional requirement for inclusive representation. The representation under the proportional system has been made a tool of complex dynamics within the party hierarchy and its election financing modality. The existing loophole provided a space for the leader to favor for their near and dear contradicting the spirit of inclusive representation. (In our opinion, there should be a revision in the law and make mandatory that the close list once submitted shall not be reviewed and revised.)

And also need to bring into a debate about the lottery system of declaring winning candidate. According to Article 59 of the Parliament Member Election Act, 2074, in case, if the two candidates obtain an equal number of votes, the winning candidate will be decided by drawing a lottery. This system ridicules not only the electoral system but also the representation and democracy. Such provision of the law is subject to reviewed and amended with a replacement by either sharing the tenure or election.

Reform in procedural issues:

During the elections in 2017, lapses and carelessness concerning managing the electoral process were noticed visibly. The lapses in printing materials for voters' education, deploying and rewarding contracts for voters' education, and the size of ballot paper were the critical issues that surfaced and were debated during elections. User-friendly booths and surrounding areas and accessibility are also important elements in the turnout of the voters on election day. Uncontrolled budgetary expenditure in paying allowances to the employees deputed for election and buying expensive vehicles was also raised and objected to by the conscious mass. Public inconvenience by putting vehicular movement to a halt during election- day was also the concern of the public and has the reason to revisit such a decision more practically. The distribution system of voters' identity cards, technical lapses in it and acceptance of their identity cards such as driving license, citizenship card for voting raised concerns against the lacking of consistency and uniformity in policy dispensation.

Such procedural lapses from the election management body are detrimental for free and fair election due to denial of access, voters' participation in the electoral process and turn out in the voting procedures as well as increases the chances of invalid votes, supports mentality of defying accountability, which will give the impression of the expensive election, etc.

Other issues: Accessibility to electoral data, Control of hate speech and propaganda apparatus, and use and misuse of technology, electronic media and their uses are the major concern for the electoral integrity and impartiality of the electoral outcome.

For some time even after the completion of the elections the access to the electoral data was restricted due to technical hitches or incompetency of the election management body. Although the election commission has its IT division to manage and control election-related data, it was not timely updated and uploaded the required data for public consumption. Similarly, the enforcement agencies under the election management body and government were seen as less inclined and equipped to prevent and control the hate speech, fake news and propaganda materials during the election campaign. Tactically the political parties and candidates use in their favor all the means ethical or unethical available at their hands in mobilizing mass communication including the electronic media, press, and social sites. The election management body needs to give proper attention to such lapses and control through effective legal mechanisms put in place.