Nepalese Constituent Assembly election, 2013

Background

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." 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."

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". 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".

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

Opinion polls

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.

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%.

Conduct

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. 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.

Turnout

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

Results

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 CPN (Maoist) far behind, winning just 26. Smaller parties and two independent candidates won the remaining 18 seats. 335 seats were allotted by proportional representation using a modified Sainte-Laguë method of allocation.

Reaction

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. 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. 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.

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.