Requirement to issue reasoned decision
Nepal
Act number 2 of 2063 enactedby the Legislative- Parliament
The Act Made to Amend andConsolidate Prevailing Laws Relating to Election Offences and Punishment
Chapter - 5
Provisions Relating toInvalidation of Election
27. Petition for voidingelection: (1) Any concernedcandidate may, in any of the following circumstances, file a petition in theCourt directly or through the District Election Officer designated by theCommission to have the election declared void within thirty five days of thedate of cause of action:
(a) the election has not beenfair due to the commission of acts in contravention of Sections 3,4, 5, 6, 7,8, 10 or clauses (b), (c), (d),
...
(2) Where a petition filedpursuant to sub-section (1) is proved, the Court shall void the election of theelected candidate.
(3) Notwithstanding any thingcontained in sub-sections (1) and (2), the whole election or the election ofthe elected candidate shall not be voided if the following matter is proved:
...
28. Recounting of votes: (1) The concerned candidate inany election may, in any of the following circumstances, file a petition in theCourt directly or through the District Election Officer designated by theCommission to have the counting of votes declared void within fifteen days ofthe date of cause
of action:
...
(2) Where a petition filedpursuant to sub-section (1) is proved, the Court may void such counting ofvotes and recount the votes.
(3) Where, in recounting thevotes pursuant to sub-section (2), the petitioner candidate or any othercandidate is proved to have secured majority of votes and the election resultappears to have been affected by that reason, the election result of theelected candidate shall be void; and the Court shall declare the petitionercandidate or any other candidate to have been elected in accordance with thelaws.
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