From Monitoring to Accountability: The Urgent Need to Enforce Nepal’s Election Code ________________Since the Election Code came into effect, the Election Commission has received
over 100 complaints, issued 54 clarification letters, and received 30 responses, with some actors asked multiple times to clarify, despite earlier promises of strict enforcement.
Most alleged violations involve digital conduct, including social media posts and comments, even among prominent candidates. Traditional violations persist, including large nomination rallies with music, campaigning by teachers and officials during office hours, distribution of goods, hateful speech, involving children, and campaign-branded T-shirts. In
Janakpurdham alone, over 1,500 posters, banners, stickers, and flags were removed for non-compliance.
Notable individuals asked to respond include Surendra Bhandari (RPP Kathmandu-4), Hikmat Karki (Koshi Chief Minister), Balen Shah (RSP Jhapa-5), Mahesh Basnet (UML), CK Raut (Janamat Saptari-2), Madhav Sapkota (NCP Sindhupalchok-1), and Shobha Pathak (Nepal Janasewa Party Bhaktapur-2). Public institutions such as the All Nepal Football Association, National Sports Council, Purbanchal University, Kathmandu Metropolitan City, and Press Council Nepal have also been asked for clarifications, alongside teachers, municipal chiefs, ward chairs, and monitoring officers.
Most candidates deny wrongdoing, citing voluntary participation or unintentional breaches, and the Commission says action will follow evidence. Critics argue, however, that the Commission has largely limited itself to procedural exchanges, seeking explanations without decisive enforcement. Under the law, parties and candidates can be fined up to NPR 100,000 for violating the Code. Civil servants may face departmental action, and individuals whose violations compromise election credibility can be barred from contesting elections for up to six years under the Election Offences and Punishment Act,2073.
Monitoring mechanisms are active across all 77 districts. District Code of Conduct Monitoring Committees operate with Assistant Chief District Officers designated as Monitoring Officers, while Chief Treasury Controllers oversee candidates’ election expenses. At the federal level, a Central Code of Conduct Monitoring Committee functions alongside specialized units, including the Information Integrity Unit (monitoring social media and digital platforms) and the Information Dissemination Unit (tracking print media). Authority has also been delegated to Chief Election Officers and Election Officers to strengthen local oversight.
Compared to previous elections, the number of reported violations may appear lower, but their nature has shifted toward digital misinformation, inflammatory online content, and symbolic misuse rather than only physical or financial inducements. The speed and reach of digital platforms complicate enforcement, but this cannot justify regulatory inertia.
At this critical juncture, safeguarding Nepal’s electoral integrity demands more than procedural compliance; it requires collective accountability and decisive action. The government must ensure enforcement bodies are adequately empowered and insulated from political pressure. The Election Commission must move beyond symbolic regulation toward real-time enforcement, clear and proportionate sanctions, and mandatory financial transparency. Political parties and candidates must demonstrate genuine commitment to the Code, recognizing that adherence is not merely a legal obligation but a democratic responsibility. Public institutions, media organizations, civil servants, and digital platforms must uphold neutrality and cooperate with monitoring authorities.
In today’s hyper-digital age, where online narratives can shape electoral outcomes as powerfully as physical campaigns, the stakes are higher than ever. Without robust accountability mechanisms, enforceable sanctions, transparent campaign financing, and structured cooperation among all stakeholders, digital and physical innovations risk becoming tools of manipulation rather than meaningful democratic participation. The credibility of Nepal’s electoral process now rests not only on the existence of rules but on the collective will to uphold them, firmly, fairly, and without exception.
