An election for Constituent Assembly was held in Nepal on April 10, 2008. The election materialized after being postponed from its earlier dates of June 20, 2007 and November 22, 2007. The number of eligible voters was around 17.5 million. The Constituent Assembly will be in place for a term of two years. This assembly will draft a new constitution. Hence, this will decide, amongst other things, on the issue of federalism.

The Communist Party of Nepal (Maoist) won the first place in the election with 220 out of 575 elected seats, and it became the largest party in the Constituent Assembly. It was followed by the Nepali Congress with 110 seats and the Communist Party of Nepal (Unified Marxist-Leninist) with 103 seats. Twenty six seats are occupied by the members who were nominated by the government. Altogether, there are 601 members in the Constituent Assembly.

Background

The Election Constituency Delimitation Commission recommended 240 constituencies across the nation for the CA election. Thus 240 members were elected through First Past the Post (FPTP) system. Other 335 members were elected through a proportionate electoral system and 26 on recommendation by the Council of Ministers.

The first delay for holding the election occurred due to lack of preparation on behalf of the Election Commission as well as the seven parties that were at the helm of the government. The election scheduled for October 5, 2007 was delayed the second time, because the Maoists demanded that Nepal be declared a republic before the election and that a fully proportional system be used in the election instead of a mixed system.

The Maoists quit the interim government on 18 September 2007, citing non-fulfillment of their demands (which included declaration of a republic before the elections). They stated they would launch street protests in favour of a republic as only declaration of republic would ensure the election. They said they would keep the ceasefire intact, even if they launched a protest. The Prime Minister stated that declaring a republic through the interim parliament would not be legitimate. According to some analysts, the Maoists were bent on disrupting the polls because they feared they lacked support and were trying to avoid suffering an embarrassing defat in the election.

On 26 September 2007, the Nepali Congress abandoned its tacit support for a constitutional monarchy and called on the Constituent Assembly to call for the monarch's abdication. The nomination deadline was extended on 30 September 2007 upon the request of the Seven Party Alliance.

The United Nations Security Council on 26 October 2007 called for the election to be held before the end of 2007.

A compromise was reached on November 4, 2007 to use a mixed system for the conduction of the election, but that Nepal would be declared republic only immediately after the Constituent Assembly election.

On November 4, the second largest party in the interim parliament CPN-UML voted in favor of the Maoist proposal calling for a fully proportional election system. However, two third of majorities could not be achieved because the then largest party in the parliament, Nepali Congress, vehemently opposed the idea. Later, the problem was resolved when all the parties agreed on an election where 60% of the elected seats would be allocated by the proportional system.

On December1 5,2007, the government considered an amendment to the constitution. This amendment moved the deadline for Constituent Assembly elections from December 15, 2007 to April 12, 2008, and changed the number of CA members of the Constituent Assembly. The seats for the proportional representation system were increased to 335 and the members to be nominated by the cabinet were increased to 26 from 17. As specified in the Election to Members of the Constituent Assembly Act (2007), party list representation would be calculated using a result divisor method, the Sainte-Laguë method.

The seats for first-past-the-post elections remained at 240, making the total number 601 seats instead of the previous 497. The word "republic" was also included, but would have to be confirmed by the Constituent Assembly. The agreement was officially adopted on December 23, 2007 by the government and the Maoists stated they would rejoin the government shortly. The interim parliament approved the deal on December 28, with 270 in favor and three opposed.

In the meantime, Madhesi parties launched a general strike demanding that Madhes be declared one autonomous state. Agreement with the United Democratic Madhesi Front‎ was reached on February 28, 2008, thus ending their general strike. The agreement also included a provision on increasing the proportion of seats reserved for the Madhesi minority from 20% to 30%.

Furthermore, the deadline for registration of candidacy for CA election was extended. The constituent parties of the United Madhesi Democratic Front (Madhesi Jana Adhikar Forum, Tarai-Madhesh Loktantrik Party, Sadbhavana Party) as well as some others (including the Anandisingh Devi-led NSP(A), Nepal Samyabadi Party, Rastriya Janashakti Party – who had stated they would boycott the election unless the Madhesi issue was resolved, then filed their candidacy.

Polling

The Election Commission gave the parties which wished to register for the polls a new deadline of 14 January 2008. Parties which had previously registered did not have to re-register. On January 11, 2008 the Cabinet decided to hold the election on April 10, 2008.

An estimated 60% of the 17.6 million voters cast their ballots, many of them lining up before dawn outside the 20,000 polling stations. The election of the 601-seat Constituent Assembly to write a new constitution was touted as the cornerstone of a 2006 peace deal struck with the Maoists-rebels, ending the Nepalese Civil War in 2006 that forced the Former King Gyanendra to cede power, which he had seized in the year 2005. For many people under the age of 25, it was the first election of their lives.

Shortly before the election, Rishi Prasad Sharma, a CPN-UML candidate in Jahare Bazar town in Surket district, was killed, and the election there was delayed. Another person was shot and killed by police during protests on Sharma's death. A Congress party rally on April 7, 2008 was attacked with a bomb. A bomb also went off near the UN mission in Kathmandu.

On April 8, 2008 police killed six Maoists who were engaged in clashes with Congress supporters in Dang district. Prachanda met with Koirala and emphasized the need to "show restraint and have a fair and free election". King Gyanendra called upon "all adult citizens to exercise their democratic right in a free and fair environment"

About 135,000 police troops were deployed to provide security for the election, and there were about 20,000 polling stations. Travel and the sale of alcohol were banned during the election period.

On Election Day, in Chitwan district, "scuffles among party representatives" led to the suspension of voting at three polling stations. In Janukpur, a candidate was shot at, but did not sustain any injury. In Sarlahi district, an independent candidate was shot and later died. An activist was killed in clashes in Sunsari district. Despite such incidents, the election was deemed generally peaceful although some of the observers reports later said the election was held in a 'general atmosphere of fear and intimidation.'

Voting was called off at 33 polling stations, the overall national voter turnout stood approximately at 60%. Public applauded the polling at the beginning and ending of voting in many places, as a symbolic show of solidarity.

Polls were ordered to be repeated in 98 polling stations, 21 constituencies, 12 districts on 14 April 2008. Early results showed Maoists as leadign the election by a huge margin. Results from April 17, 2008 showed CPN (M) winning 116 seats, CPN (UML) 31 seats and the Nepali Congress 32 seats of the 218 seats declared till then.

With the CPN (M) appearing to have won the election, Prachanda pledged that the party would work together with other parties in crafting the new constitution, and he assured the international community, particularly India and China, that the party wanted good relations and cooperation. He also said that the party had expressed its commitment to multi-party democracy through the election and that it would be faithful to its mandate from the people "to consolidate lasting peace"

Then King Gyanendra expressed satisfaction at "the enthusiastic participation of the Nepalese people" in the election.

On April 18, 2008 pro-monarchy politician Rudra Bahadur from the Rastriya Prajatantra Party, who failed to be elected from his constituency, was found murdered at his residence.

Around the same time, Prachanda stated that he would "take the initiative to talk to the King in person" in hopes of convincing him to abdicate. He said that, after leaving the throne, Gyanendra could still live in Nepal and remain involved in business.

The CPN (M) won a plurality of seats in the election: 220 out of 575 (the remaining 26 members are to be chosen by the government formed after the election), with 120 seats through first-past-the-post constituencies and 100 through proportional representation. The party said that, because it won more seats than any other party, it was entitled to lead the government.

Constituent Assembly convenes; Declaration of the Republic

The official and final list of members elected under the PR system was released on May 8, 2008; this meant the first meeting of the CA (which had to be held within 21 days of the publication of the final result) would be held before the end of May 2008. On May 12, 2008, it was announced that the first session of the CA would be held on May 28, 2008.The members of the CA were sworn in on May 27, 2008.

The first session of the Constituent Assembly on May 28, 2008 voted to declare Nepal a federal democratic republic, thereby abolishing the monarchy. 564 members of the Constituent Assembly voted for the motion, with 560 in favor and four opposed.

Of all the parties represented in the Constituent Assembly, only the Rastriya Prajatantra Party Nepal (RPP-Nepal) opposed the motion. Prime Minister Girja Prasad Koirala said that Nepal was entering a new era and that "the nation's dream has come true", while celebrations took place in Kathmandu. May 29 and May 30 were declared public holidays by the government. The Constituent Assembly also decided that Former King Gyanendra should leave the Narayanhity Palace within 15 days.

Earlier on May 28, 2008 the major parties agreed on the creation of the position of President, while the Prime Minister was to hold executive powers; however, they reached no agreement on exactly what powers the President should have or who should become President, and these deliberations led to a delay in the opening of the Constituent Assembly.

On 29 May, the royal standard was removed from Narayanhity Palace and replaced with the national flag. Gyanendra reportedly said on June 2, 2008 that he accepted the Constituent Assembly's decision.

After Gyanendra requested that the government make arrangements for his residence on June 1, the government decided on June 4 to allocate the Nagarjuna Palace, to Gyanendra Shah as his temporary residence.

The Constituent Assembly held its second sitting on June 5, 2008. Due to the three major parties' deadlock, the sitting was very brief, lasting less than a half hour, and it took no major decisions.

On June 11, 2008 Former King Gyanendra Shah at a brief press conference at Narayanhiti, declared his acceptance of the republic, promising cooperation. He also said that he intended to stay in Nepal, asserted that he held no property outside of Nepal, and expressed his hope that he would be allowed to keep his property. He left Narayanhiti on the same evening for his temporary residence at Nagarjuna.

Nomination of 26 CA members

On June 25, 2008 the Council of Ministers nominated 26 Constituent Assembly Members. Although it wasn't declared, the seats were divided between nine parties: the CPN (M) was to receive nine of these seats, while the Nepali Congress and the CPN (UML) would each receive five, the Madhesi Janadhikar Forum would receive two, and the Sadbhavana Party, the Nepal Workers and Peasants Party, Janamorcha Nepal, and the Communist Party of Nepal-Marxist Leninist would each receive one nominated seat each.

Indra Maya Gurung, Sabina Baram, Padma Jyoti, Chandra Lal Meche, Dabal Bahadur Shah, Nima Lama, Sher Bahadur Pahari, Hari Lal Thapa Magar, Hari Rokka were recommended from CPN-Maoists.

Nepali Congress recommended Kamala Panta, Radheshaym Adhikari, Nilambar Acharya, Jagat Bahadur Tajpuriya, Bishwanath Upadhyaya.

Communist Party of Nepal (U.M.L.) recommended Pasang Sherpa, Sushil Chandra Amatya, Bhagwat Chaudhari, Mahesh Chaudhary, Shila Katil.

Madhesi People's Right Forum, recommended Bhupendra Chaudhary, Akwal Ahammad Shah.

Terai Madhes Loktantrik Party recommended Mahanta Thakur, Communist Party of Nepal (ML) - Rajendra Kumar Khetan, Janamorcha Nepal - Narayan Kaji Shrestha (Prakash), Nepal Workers and Peasants Party - Jagya Bahadur Shahi and Nepal Sadhvawana Party (Anandidevi)- Shyam Sundar Gupta.