Level Playing Field

Free and fair election is the soul of democracy. Democracy thrives and gets consolidated when the elections are contested on a level playing field for it calls for equal opportunities and access for all political parties.  If some parties enjoy sufficient resources and some others are denied such facilities during their poll campaign, this will surely impede the efforts to hold polls in a fair manner. A skewed playing field gives little chance for the small parties or those new entrants to win the polls.  Experts view that unequal access to finance, institutional backing and mass media undermines the democratic competition more than the vote-rigging, violence and suppression of the masses. The voice for ensuring the level playing field for all candidates is getting louder as the country is set for the federal and provincial polls on November 20. 

The Election Commission Nepal (ECN) is putting its best foot forward to make sure that there is not skewed playing field in the polls. It has unveiled and implemented the election code of conduct that includes several provisions related to ceiling on poll spending, period of poll campaign and use of public resources and social media, among others. The EC has sought clarifications from several candidates over the breach of election code. In its latest instruction to the political parties, it has strictly directed them not to misuse the government resources, property and facilities during the canvassing. A news report published in this daily on Wednesday has quoted Election Commissioner Ram Prasad Bhandari as saying that an individual working at any position in the federal, provincial and local government cannot use the regular services and facilities s/he enjoying for the electioneering.

According to the EC, a mayor can't campaign for his/her party within his municipality by using his/her facilities which s/he obtains for occupying the public post. However, an elected official can be engaged in the poll campaign by keeping aside the services and facilities they are getting from the state.  This provision is based on the principle that if an elected official misuses the tax payers' money, other competitors cannot use that resources and therefore, there could not be a level playing field for the all contestants. The EC has also alerted the candidates that they must not distribute cash or goods, grants, financial assistance, donations or any forms of financial support to any individual or organisation as such activities influence perception of voters and voting pattern. 

Meanwhile, the Supreme Court has interpreted the position of elected officials as the post of benefit as they receive facilities from the state coffers.  The SC's new interpretation has come in a response to a writ filed by Nima Gyalzen Sherpa, the then chair of Helambu Rural Municipality of Sindhupalchowk district. He has demanded that he be allowed to fight election by remaining in the post during the recent local poll. Publishing the full text of verdict, the SC has clearly stated that the local elected office-bearers should resign before filing their candidacy. The SC has based its explanation on Article 306 (G) of the constitution that defines salary, allowance and any other facility as remuneration, and related election Acts. This also applies to the representatives of federal and provincial parliaments. The SC interpretation is guided by the principle of democratic equality that seeks to have level playing field for all candidates so that the polls are held in a fair manner.