www.lawcommission.gov.np Part-6 President and Vice-President 61. President: (1) There shall be a President of Nepal. (2) The President shall be the Head of State of Nepal. He or she shall perform his or her functions in accordance with this Constitution and federal law. (3) The President shall promote national unity of Nepal. (4) The main duty of the President shall be to abide by and protect the Constitution. 62. Election of President: (1) The President shall be elected by an electoral college consisting of the members of the Federal Parliament and members of the Provincial Assemblies. The voting weightage of the members of the Federal Parliament and of the Provincial Assemblies shall vary as provided for in the federal law. (2) Notwithstanding anything contained in clause (1), nothing shall be deemed to bar the formation of an electoral college for the purpose of election to the President by the sole reason that election to Provincial Assembly has not been held in any Province. (3) A person who secures a majority of the then existing total votes of the Electoral College referred to in clause (1) shall be elected as the President. (4) In case none of the candidates secures a majority pursuant to clause (3), there shall be the voting between the two candidates who have secured the highest number of votes, and a candidate who secures more than fifty percent of the total votes in such voting shall be elected as the President. (5) In case none of the candidates secures more than fifty percent of the total votes even in the voting under clause (4), re-voting shall be held. A candidate who secures a majority of the total valid votes cast in such voting shall be elected as the President. (6) In case a person who holds a political office to be fulfilled by way of election, nomination or appointment is elected as the President under this Article, such office shall, ipso facto, fall vacant. 38