The vote counting for the first-past-the-post (direct) seats of the House of Representatives election held on Falgun 21 has reached its final stage, while the proportional representation vote counting is still ongoing. Based on the progress reported by the Election Commission, it is estimated that the entire vote counting process will be completed within the next one or two days.
As the counting nears completion, questions about when a new government will be formed and when the new Prime Minister will be appointed have started to arise prominently across the country.
Government Formation Only After Election Commission Report
After the vote counting for both the direct and proportional systems is completed, the Election Commission will allocate the proportional representation seats based on the votes received. This will clarify how many seats each party has secured and which parties have achieved national party status.
Once the seats are determined, the respective political parties must submit the names of their proportional representation members to the Commission according to the cluster system.
According to the House of Representatives Member Election Act, 2017, the Election Commission must submit the final election report to the President within seven days after the final results are announced.
According to Kul Bahadur G.C., Assistant Spokesperson of the Election Commission, the Commission is preparing to complete all procedures and submit the report to the President by the end of Falgun.
Based on this timeline, the report on the election results is likely to reach the President’s Office by the first week of Chaitra at the latest.
Government Formation Under Article 76 of the Constitution
Only after receiving the report from the Election Commission will the President formally begin the process of forming a new government. Currently, President Ram Chandra Paudel is at Shital Niwas, and the constitutional process required for forming the new government will begin under his authority.
Constitutional experts state that once the Election Commission fulfills its constitutional responsibility, the step-by-step process of forming the government under Article 76 of the Constitution will begin.
According to Article 76(1) of the Constitution, the President appoints as Prime Minister the leader of the parliamentary party that has a clear majority in the House of Representatives.
The provision states:
“The President shall appoint the leader of the parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be formed under his/her leadership.”
If a government is formed under Article 76(1), the Prime Minister does not need to seek a vote of confidence in Parliament.
Parliamentary Session Within 30 Days
According to Article 93(1) of the Constitution, a session of the Federal Parliament must be called within 30 days from the date the final election results are announced.
Therefore, there is also a constitutional obligation for Parliament to convene within one month after the election results are published.
Indications of a Government Led by Rastriya Swatantra Party
Based on the results released so far, the Rastriya Swatantra Party (RSP) has clearly emerged as the largest party. The party has won 125 seats under the direct election system, and based on proportional vote results, it is estimated that the party will secure seats close to a majority.
This situation strengthens the possibility that a new government will be formed under the leadership of the RSP according to Article 76(1) of the Constitution.
If there are no major changes in the results, Balen Shah (Balen) is widely expected to become the Prime Minister, as previously announced.
Possible Timeline
Looking at the overall process:
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Election Commission procedures completed by the end of Falgun
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Report submitted to the President by the first week of Chaitra
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Call for government formation after that
Based on this timeline, the country is likely to have a new Prime Minister by the second week of Chaitra.
