2013 Nepalese Constituent Assembly election

Following King Gyanendra's suspension of Parliament and government takeover during the Nepalese Civil War, mass protests led to him to re-instate Parliament and end the war fought by the government against the Communist Party of Nepal (Maoist), on the condition that the constitution would be re-written. The king's powers were also removed and an election was held in 2008 to elect a Constituent Assembly. The Constituent Assembly was tasked with writing a new constitution; however, its deadline was extended several times, with the last one set for 27 May 2012.

In the lead up to the deadline, there were several violent protests by a variety of ethnic groups outside the Parliament building. Rallies were then banned in the area and around the PM's office with riot police guarding against protests and the Nepali Army on high alert in case the situation could not be controlled. Prime Minister Baburam Bhattarai called for a new election on 22 November after the deadline passed, with a possibility of a state of emergency. A member of his party, Post Bahadur Bogati, announced that "it is not possible to promulgate the constitution within the deadline now. That possibility is out, 100 percent."

On the deadline day there were large protests as talks between the CPN (Maoist), Nepali Congress, Communist Party of Nepal (Unified Marxist-Leninist) and the Madhesi Front were ongoing. The talks broke down after the incumbent CPN (Maoist)'s demands for 10 to 14 new provinces largely along ethnic groups lines, which was supported by several small Madhesi parties calling for autonomy, was opposed by the Nepali Congress and the CPN (UML). CPN (Maoist) member Narayankaji Shrestha said that "a constitution is not possible without federal states recognising the identity of ethnic groups." The opponents of the proposal said the move could lead to tensions amongst different castes. Ram Sharan Mahat of the Nepali Congress said that the CPN (Maoist) "want[ed] to kill the assembly, not make the constitution" in order to stay in power. At a cabinet session that night CPN (UML) general secretary and Deputy Prime Minister Ishwor Pokhrel walked out saying that the move was "unconstitutional, neither is it based on political consensus." However, the Madhesi leader Laxman Lal Karna said that "in the afternoon, the NC and the [CPN-]UML had said there was no chance of a deal. Let us go for polls. We have done the democratic thing."[4][5] The CPN (Maoist)'s Barsha Man Pun then announced the election saying that "we had no other alternative. We apologise for not being able to prepare the constitution."[6]

The Nepali Congress claimed the delays were a ploy by the UCPN (M) to remain in power and that Maoist-led government's "unilateral decision was unexpected".[7] However, according to an AFP interview on Rajkishore Yadav, the Maoist-led government "wanted to conduct elections in November 22" but the election commission insisted that "the lack of a workable constitution meant there were no legal provisions for holding a vote".[8]

In mid-September 2013, an opposition one-day strike called for the cancellation of the election.[9]

In mid-2011, an opinion indicated that 45% of respondents opposed an extension of the CA's mandate. A majority of respondents were uncertain about who they would vote for. Similarly, there were calls for a fresh election by opposition politicians at the time. Most respondents also said a new constitution was the top most priority.[10]

In the Himal Media opinion poll conducted in March 2013, voters expressed a slight preference for the Nepali Congress, 14.9%, over the CPN (UML), 11.3%, and UCPN (Maoist), 7.3%.[11]

In the morning of the election, a bomb exploded near a voting station wounding three people after a boy picked up what he though was a toy that then exploded. It also follows days of similar attacks by those opposed to the election.[12] On December 16, Mohan Baidya, Chairman of the breakaway CPN(Maoist) which had boycotted the elections publicly stated his party had planted bombs across the country prior to the elections.[13]

Voters turned out in record numbers with nationwide turnout averaging 78.34% [14] breaking the previous record of 68.15% in the 1991 general elections.[15] The highest turnout was in Dolpa-1 at 89.5% and the lowest in Baitadi-2 at 67.32%.

Initial results showed the Nepali Congress winning a plurality of the first-past-the-post seats with 105 of the 240 seats; the CPM-UML close behind with 91; and the Maoists far behind, winning just 26. Smaller parties and two independent candidates won the remaining 18 seats.[16] 335 seats were allotted by proportional representation using a modified Sainte-Laguë method of allocation.

Domestic

The UCPN (Maoist) leader Prachanda protested the conduct of the election, alleging fraud, and threatening to withdraw from the Constituent Assembly. However domestic and international pressure mounted and various political leaders from Nepali Congress and CPN UML urged Unified Maoist to accept the peoples verdict and get involved in the process of a peaceful CA.[17] Subsequently, an internal assessment by the party concluded vote-rigging was not the cause of the party's defeat and mentioned "misrepresentation of the party on issue of federalism and the party’s split" as reasons for defeat.[18] On December 25, 2013, the UCPN (Maoist) offered unconditional support to the Nepali Congress to form the next government following the signing of a four-point deal between the NC, CPN(UML), UCPN (Maoist) and Madesbadi parties that agreed to form a parliamentary body to investigate election irregularities.[19]

In response to the allegations of fraud leveled by the Maoist and smaller parties, Chief Election Commissioner Nilkantha Upreti affirmed the elections were "concluded in a free, fair , impartial and credible manner" and urged voters "not to believe in such misleading publicity" about the fairness of the elections.[20]

Supranational

• European Union: High Representative of the European Union for Foreign Affairs and Security Policy, Catherine Ashton, issued a statement congratulating "the people of Nepal for having exercised their right to vote in large numbers, despite attempts to prevent them from doing so." [21]
•  UN: Secretary General Ban Ki-moon in his congratulatory message to the Nepali people stated “the United Nations remains committed to supporting Nepal in its transition towards a peaceful, democratic and prosperous future.”[22]

International

•  Germany: The Federal Office congratulated the interim government for holding free and credible CA elections and said "high turnout in the election has testified Nepalese people´s firm commitment to democracy and the rule of law".[23]
•  India: The External Affairs Ministry congratulated "the people of Nepal, political parties, government and security forces and the Election Commission of Nepal" for "conducting free and fair elections for the Constituent Assembly".[24]
•  China: The Embassy welcomed the "smooth holding" of the Constituent Assembly elections and said it "sincerely hopes that the political forces in Nepal will continue to strengthen dialogue and consultations for early completion of the constitution-making process and realize its goal of national stability and development".[25]
•  Japan: The Election Observation Mission composed of officials from the Ministry of Foreign Affairs and an outside expert from Tokushima University and headed by Japanese Ambassador, Masashi Ogawa, concluded the "election was conducted in a peaceful, free and fair manner without serious irregularities". A statement issued by the Embassy read: "Japan hopes that this election will further consolidate democracy in Nepal and its post-electoral political process toward promulgating a constitution will develop smoothly. Japan will continue to support Nepal's efforts for peace-building and the consolidation of democracy".[26]
•  UK: Foreign and Commonwealth Office Minister Hugo Swire congratulated the people of Nepal and stated "these elections were generally peaceful and well run, a credit to the people and the election authorities" [27]
• : The White House Press Secretary hailed the elections as "a milestone not just for Nepal but for people around the world working to rebuild after conflicts and resolve disputes via constitutional and homegrown means" and pledged continued support for Nepal's democratic exercise.[28]
  • Former US President Jimmy Carter congratulated Nepal on a "well conducted election process" and urged the UCPN (Maoist) to "respect the will of Nepali voters as expressed on election day".[29]

• 2nd Nepalese Constituent Assembly
• Koirala cabinet, 2013