Local government by-elections appear increasingly unlikely as legal provisions and a lack of preparations by the government and the Election Commission delay the process.

Officials said neither the government nor the Election Commission has made any concrete preparations for the elections, even as several positions remain vacant across local bodies.

Under existing law, by-elections can only be held if more than one year remains in the term of the vacant post. Since local elections were held on May 14, 2022, vacancies occurring after May 13 this year no longer meet the legal threshold for by-elections. The five-year term of local representatives expires on May 14, 2027.

At present, 13 positions including that of mayor, deputy mayor, chairperson and vice-chairperson are vacant across the country. However, the exact number of vacant ward chair positions has not yet been confirmed by the Election Commission.

The Local Elections Act states that if a post becomes vacant before the end of its term, it should be filled through a by-election for the remaining period only if more than one year of the term is left. Otherwise, the post remains vacant until the next regular elections.

Several local leaders vacated their posts after contesting the parliamentary elections held on March 5. They include former mayor of Kathmandu Metropolitan City Balendra Shah, former mayor of Bharatpur Metropolitan City Renu Dahal, and former mayor of Dharan Sub-metropolitan City Harka Sampang.

Others who resigned to contest the elections include the mayor of Ilam’s Suryodaya Municipality Ran Bahadur Rai, vice-chairperson of Okhaldhunga’s Likhu Rural Municipality Asmita Thapa, mayor of Morang’s Rangeli Municipality Dilip Kumar Agrawal, and chairperson of Solukhumbu’s Thulung Dudhkoshi Rural Municipality Ashim Rai.

Mayor of Kavrepalanchok’s Dhulikhel Municipality Ashok Kumar Byanju Shrestha, chairperson of Syangja’s Kaligandaki Rural Municipality Khim Bahadur Thapa, deputy mayor of Banke’s Nepalgunj Sub-metropolitan City Kamruddin Rai, and mayor of Kailali’s Tikapur Municipality Ram Lal Dagaura Tharu also resigned to contest parliamentary elections.

In Rupandehi, the mayor of Lumbini Sanskritik Municipality died, leaving the post vacant. In Saptari, the chairperson of Agnisair Krishnasawaran Rural Municipality had earlier resigned.

The law allows the government to fix a date for by-elections in consultation with the Election Commission. The Commission said it has already informed the government about the need for by-elections, but no initiative has followed.

Local governments are struggling to deliver services because of the vacancies. In many cases, junior officials are handling responsibilities in the absence of elected leadership.

A government minister, speaking on condition of anonymity, said by-elections are not currently a priority.

“Municipalities are being run by acting officials. Service delivery has not been affected due to the vacancies,” the minister said. “Since regular elections are due in about a year, it is not appropriate to spend large state resources on by-elections.”

Acting Chief Election Commissioner Ram Prasad Bhandari said the possibility of holding local by-elections is fading.

“The law requires at least 120 days for election preparations. Even if elections are announced now, voting would likely take place between mid-August and mid-September,” he said. “For a remaining term of only a few months, it may be better to wait for the next regular elections.”

Meanwhile, 17 provincial assembly seats are also vacant, with no visible preparations for by-elections.

The vacancies are spread across provinces, including one in Koshi, four in Madhesh, six in Bagmati, five in Lumbini and one in Gandaki. The provincial assembly term is scheduled to end between mid-November and mid-December 2027, leaving around 19 months remaining.

The Constitution and the Provincial Assembly Member Election Act require by-elections if more than six months remain in the Assembly’s term when a seat becomes vacant.

Article 176(8) of the Constitution states: “If a seat in the Provincial Assembly falls vacant with more than six months of the term remaining, the vacancy shall be filled through the same electoral system by which the seat was originally filled.”

Section 68 of the Provincial Assembly Member Election Act states: “If the term of the Provincial Assembly remains for more than six months and a member’s seat falls vacant for any reason, the vacant seat shall be filled through a by-election.”

The Election Commission said it has also informed the government about the need for provincial by-elections, but no response has been received so far.

An official at the Commission said there were indications of preparations for a National Assembly by-election, but no progress had been made regarding local or provincial by-elections.