Article 176: Composition of the State Assembly

1) Each State Assembly shall consist of a number of members, as follows:

(a) members in a number that is twice as many as the number of members elected to the House of Representatives from the concerned State, through the first past the post electoral system,

(b) The number of members to be set under clause (a) shall be considered to be sixty per cent, and the remaining forty per cent shall be elected through the proportional electoral system.

2) Election constituencies shall be set on the basis of geography and population as provided for in the Federal law, for the election of members under sub clause (a) of clause (1).

3) Sixty percent of the members of the State Assembly shall be elected in accordance with the first past the post electoral system, and the remaining forty per cent in accordance with the proportional electoral system.

4) Election to the members of the State Assembly under clause (3) shall be held through adult suffrage by secret ballots in accordance with law.

5) Each citizen of Nepal who resides within the territory of the State and who has completed the age of eighteen years shall have a right to vote in any one election constituency in accordance with law.

6) The Federal law shall provide that, in fielding candidacy by political parties for the election to the State Assembly under the proportional electoral system, representation shall be ensured on the basis of a closed list also from women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Tharu, Muslims and backward regions, minority communities, on the basis of population. In so fielding a candidacy, regard shall also be had to the geographical balance of the concerned State.

Explanation: For the purposes of this clause, “Khas Arya” means Kshetri, Brahmin, Thakuri, and Sanyasi (Dashnami) communities.

7) In fielding a candidacy under clause (6), political parties must provide for the representation of persons with disabilities as well.

8) If the seat of a member of the State Assembly falls vacant while its term still remains for more than six months, the vacancy shall be filled through the same electoral system as through which such seat was filled.

9) Notwithstanding anything contained elsewhere in this Article, at least one third of the total number of members elected from each political party represented in the State Assembly must be women. If women are not so elected as to constitute one third of the elected members of any political party under sub-clause (a) of clause (1), such political party must, in electing members under sub-clause (b) of that clause, so elect that women members constitute at least one third of the total number of members elected to the State Assembly from that party.

10) A person who is qualified under Article 178 and entitled to vote in an election to the members of the State Assembly may, subject to law, be a candidate in any election constituency of the State.

Provided that a person shall not be a candidate in more than one election constituency at the same time.

11) Other provisions relating to election to the State Assembly shall be as provided for in the Federal law.