The Election Commission has endorsed the election code of conduct, setting do’s and don’ts for the March 5 snap parliamentary elections.

The code of conduct, drafted in accordance with section 22 of the Election Commission Act, was finalised after collecting feedback from political parties and the public. Its draft was made public for suggestions in mid-November.

“The code was endorsed after incorporating genuine feedback,” said Yagya Bhattarai, chief of the legal division at the commission. “It will come into force in the second or third week of January.”

There is a practice of enforcing the code of conduct around 45-50 days before the election date.

The code of conduct is designed to ensure free, impartial, and transparent elections. It bars political parties or candidates from production, use, distribution or display of garments or items (such as jackets, shirts, vests, T-shirts, caps, scarves, masks, badges, or any other kind of clothing) bearing election symbols or stickers, logos, bags, badges, tattoos or similar symbolic materials.

Using the premises of a government, semi-government or public institutions, school or universities for gatherings, campaigns, or publicity purposes has been barred. Likewise, the use of children in election campaigns is prohibited.

Rallies, assemblies, or public meetings that obstruct public transport are not allowed for campaigning purposes. The code prohibits the spread of false, misleading, or divisive information on social media. The use of artificial intelligence (AI) to influence or manipulate the election has also been restricted.

Likewise, creating fake accounts or posting false content on social media that could negatively affect the election is prohibited. It also bars governments (federal, provincial, and local) from holding foundation-stone-laying or inauguration ceremonies during this period.

Except for government employees mobilised on election-related duties, no transfers of staff will be permitted.

Government employees, teachers, and staff of schools and universities are not allowed to participate in election campaigns.

Election campaigning is allowed only from 7:00 am to 7:00 pm and parties or candidates cannot use banners larger than 3 feet by 4 feet in size. One candidate is allowed to use only two vehicles for campaigning.

The commission has proposed allowing parties to publish newspaper advertisements, but only one per day. They can publish campaign materials with a maximum size of four columns by 25 centimetres.

Likewise, on FM radio and television, a party can broadcast its campaign materials only four times within 24 hours. The code also requires at least 24 hours’ advance notice to the police of the date, time, route, and venue for organising processions, mass meetings, corner meetings, or gatherings. The local administration and police must be informed.

“A minister who is himself or herself a candidate in an election may participate in election campaigning within the constituency where s/he is a candidate,” reads a point in it. “They can campaign for their parties they belong to.”

The code also requires parties to pay election-related expenses through a bank or financial institution. Such payments must be made from the account designated by the party through its authorised office bearer, it says.

Disclosure of the estimated amount of election expenditure is another provision in the code of conduct.

A Central Monitoring Committee comprising 11 members will be formed under the leadership of an election commissioner to monitor the code of conduct. It will include representatives from various ministries and security forces. Similarly, at the district level, a District Monitoring Committee will be formed under the leadership of the chief district election commissioner.

Anyone who violates the code of conduct may face action, including a fine of up to Rs100,000 or cancellation of their candidacy. In addition, such a candidate/candidates could be barred from running for office for up to six years.

“If, during monitoring or implementation of this code of conduct, any person is found to have violated the code of conduct, the commission shall make public the name of the violator along with details of the violation,” it reads.

Those who have long followed the implementation of the code of conduct say that, even though it is very comprehensive and well codified, it is largely flouted by political parties.

“The code of conduct is meant to ensure electoral discipline by being morally binding on political parties. Parties are expected to internalise these norms and act accordingly. Yet the pervasive culture of impunity is still amply seen during elections,” said Gopal Krishna Siwakoti, National Election Observation Committee.

“Also, the commission is always hesitant to fully implement the code of conduct because of the persistent fear that strict implementation might create tensions and disrupt the election environment. The commission should show courage and nullify candidacy in cases of serious violations, which will act as a deterrent for others.”