Prosecution Of Electoral Fraud And Ballot Tampering In Nepal
Case 1: Bharatpur Ward 19 (Chitwan) – Ballot Tearing Incident
Facts:
During the 2017 local elections, counting was underway in Ward 19 of Bharatpur Metropolitan City.
Cadres allegedly stormed the counting center and tore up around 90 ballots, potentially affecting the mayoral election results.
Legal Response:
The Election Commission (EC) ordered re-polling in the ward.
The Supreme Court of Nepal upheld the EC’s decision to re-conduct the election.
Outcome:
Two party cadres were convicted in Chitwan District Court and fined Rs 100,000 each.
This case is a landmark showing both criminal prosecution and remedial electoral measures in response to ballot tampering.
Case 2: Rautahat – Ballot Box Theft
Facts:
In a local election at Yamunamai Rural Municipality Ward 2, a former police constable allegedly removed a ballot box from a polling station.
Legal Response:
Police registered a case under the Election Offenses and Punishment Act and arrested the suspect.
Outcome:
Legal proceedings were initiated to prosecute the individual for interfering with the election process.
This demonstrates ballot box theft as a form of electoral fraud.
Case 3: Nawalparasi East – Ballot Box Arson
Facts:
During the local elections, a ballot box at a polling station in Devchuli Municipality Ward 4 was set on fire by an individual who inserted a flammable object.
Approximately 720 votes were destroyed.
Legal Response:
Police immediately arrested the perpetrator.
Election officials had to invalidate the votes in the destroyed ballot box and consider remedial measures.
Outcome:
The case highlighted the vulnerability of ballot security and the need for strict monitoring of polling stations.
Case 4: Palungtar Ward 6 (Gorkha) – Unsealed Ballot Box
Facts:
During counting, election officials discovered that a ballot box was not properly sealed.
Counting was suspended, and all-party meetings were held to decide how to proceed.
Legal Response:
Though no criminal prosecution occurred, this was treated as an electoral irregularity that could compromise integrity.
Outcome:
Counting resumed only after verification.
Illustrates that even procedural lapses like missing seals can trigger remedial action.
Case 5: Sindhupalchok – Missing Ballot Box Keys
Facts:
In a local election, keys to several ballot boxes went missing inside a court building in Sindhupalchok District.
Polling and counting were delayed as officials attempted to locate the keys.
Legal Response:
Investigation was initiated to determine if there was any intentional tampering.
Election Commission took preventive measures to secure other ballot boxes.
Outcome:
No criminal convictions were reported, but the case highlighted administrative negligence and potential for fraud.
Case 6: Kathmandu – Disruption of Counting
Facts:
In a municipal election, cadres of a political party entered the counting center in Kathmandu, threatening officials and disrupting the vote count.
Some ballots were allegedly misplaced during the disruption.
Legal Response:
Police registered a case under the Election Offenses and Punishment Act.
EC suspended counting temporarily and allowed parties to lodge formal complaints.
Outcome:
Offenders were prosecuted and fined; the EC completed the count under supervision.
Shows that obstruction of counting is treated as a punishable electoral offense.
Case 7: Lalitpur – Ballot Paper Tampering
Facts:
During a local election in Lalitpur, a small number of ballots were found altered with marks that invalidated them.
Election staff reported the issue to authorities immediately.
Legal Response:
Investigation determined that the alteration was intentional.
Police charged the individuals responsible under election fraud provisions.
Outcome:
Conviction was achieved for tampering with ballots.
EC ensured affected votes were discarded and remedial counting was carried out.
Summary Observations from These Cases
Forms of electoral fraud in Nepal include:
Ballot tearing, arson, removal of ballot boxes
Procedural lapses (unsealed boxes, missing keys)
Disruption of counting and altering ballots
Legal framework for prosecution:
Election Crimes and Punishment Act governs these offenses.
Courts prosecute offenders with fines, imprisonment, or both.
Election Commission may order re-polling, recounting, or annulment to protect integrity.
Key challenges:
Time-lags in prosecution
Limited penalties may reduce deterrence
Need for stricter preventive measures and monitoring
RELATED Blog
0 comments