(1)For the purpose of electing members, in accordance with this constitution, to federal legislature, Provincial Assembly, village assembly and municipal council, the government of Nepal may form a Constituency Delimitation Commission, with the following Chairperson and members in it:-
- (a)
Retired Justice of the Supreme Court-Chairperson
- (b)
A geographer/geologist -Member
- (c)
A sociologist or demographer -Member
- (d)
An administrator or a legal expert-Member
- (e)
A special class gazetted officer of the Government of Nepal -Member Secretary
(2)The procedural of Constituency Delimitation Commission shall be as determined at the time of constituting the Commission.
(3)Following persons shall be deemed eligible to be appointed as Chairperson and members of the Constituency Delimitation Commission:-
- (a)
who has held at least a Bachelor’s Degree in a relevant subject from a recognized university
- (b)
who has attained the age of forty five years,
- (c)
who has high moral character.
(4)The position of the Chairperson or members of the Constituency Delimitation Commission shall be deemed vacant in the following circumstances:-
- (a)
if she /he submits written resignation,
- (b)
if Council of Ministers of Government of Nepal relieves him/her from duty, or
- (c)
if she /he dies.
(5)The Constituency Delimitation Commission, while delimiting the constituencies in accordance with this Article, shall, based on population and geography, maintain as far as practicable the equal ratio or proportionality between geography, population and the number of members.
(6)While delimiting the constituencies pursuant to clause (5), attention shall be paid to population density of the constituency, geographical conditions, administrative and transportation proximity, and the communal and cultural characteristics of the people living in such districts.
(7)No question shall be raised in any court of law regarding the constituencies determined by Constituency Delimitation Commission.
(8)The Constituency Delimitation Commission shall submit its report to the Government of Nepal about the work it has performed.
(9)The Government of Nepal shall submit the report received pursuant to clause (8) to the federal legislature and also forward it to the Election Commission for implementation.
(10)Constituency Delimitation Commission shall determine its own working procedures.
(11)The remuneration and other benefits of the Chairperson and members of the Constituency Delimitation Commission shall be similar to those of Chief Election Commissioner and Election Commissioners, respectively.
(12)The constituencies determined in pursuant to clause (5) shall be put to a review in every 20 years.
(13)The Government of Nepal shall provide staff to the Constituency Delimitation Commission in the number as required.