The Tamesis
February 25, 2026
kathmandu – It is perhaps no exaggeration to say that in this election cycle, the electoral code of conduct has been violated more than adhered to – and the Electoral Commission appears to be powerless to do anything about it. Violations include creating false content online about opponents, posting various poll predictions, using larger than allowed crowds at campaign events and sometimes even using overt violence against opponents. The council issued a strong warning that those who breached the code would be punished, but then took no action. This “toothless tiger” image espoused by the Commission has in turn emboldened parties and candidates to take action. There could be several reasons for pollsters’ reluctance to take action against the perpetrators. Sometimes, people may think it wiser to ignore minor infractions than to take punitive measures that could spark further violence or disrupt social harmony. It may not feel fully supported by the government, which itself may be unsure of how to implement the code in a potentially unstable political climate. Perhaps the commission lacks strong laws to take action.
These limitations may be real. However, they are no reason not to take action. The Electoral Commission is mandated to conduct free and fair elections and therefore, in enforcing the Code of Conduct, it is vested with quasi-judicial powers to take action as it deems fit. By the same token, constitutional institutions also have considerable autonomy. This is important. Credible elections are the cornerstone of democracy; they are the foundation for all other democratic edifices. Even autocrats—including absolute ex-monarchs of our past—hold elections to demonstrate their supposed commitment to democratic values. However, these autocrats often fill their poll-management bodies with loyalists, making it easier to rig elections. Competitors may be banned or have their media exposure limited. In well-functioning democracies, poll management bodies are more autonomous and empowered to ensure a level playing field for everyone.
The Sushila Karki government came to power in the wake of the Gen Z uprising, with the sole task of holding timely elections. There is no doubt that the Commission would have had greater authority had it had stronger legal and political support from the government. However, as an autonomous constitutional body dedicated to holding elections, the commission has a much greater burden of responsibility and, frankly, could have shown some courage. If election commissioners consistently report cases of irregularities and impose fines and penalties uniformly, it would be difficult to accuse them of bias. They will also gain public support to further strengthen their resolve. The risk is again that the more leeway given to parties and candidates, the more serious the irregularities may become – this time some poll candidates have gone so far as to fight each other. The March 5 election was not held during normal hours. There are large numbers of anti-democratic elements working to undermine the legitimacy of these elections and the Gen Z uprising that preceded them. The country faces many risks. It is time for the Electoral Commission to shake off its learned helplessness and take immediate action.
