211. On occasion, an ad hoc body is established in a country to be in charge of the EDR system for one or more specific elections as a transitional, internal solution. This is usually the result of agreement and negotiation among the main political forces in order to get round a serious conflict, possibly as a result of a constitution not having entered into force or the non-functionality of the electoral institutions originally provided for. This type of EDR system is usually established by a body of national law – with transitional, constitutional or statutory provisions – or even a peace agreement between belligerent forces. It is made up exclusively of nationals from the country involved, with the purpose of holding free, fair and genuine elections in line with the law. 212. This happened in Nepal, where the Constituent Assembly Court (Sambidhan Shabha Adalat) was provided for in Nepal’s Interim Constitution of 2006 to resolve challenges to the election of members of the Constituent Assembly (Sambidhan Shabha) which took place as a result of the 2006 Comprehensive Peace Agreement. The Constituent Assembly was installed in May 2008 and was given two years to approve a new constitution for Nepal. To this end, the Constituent Assembly Court was made up of three members selected from among the members of the Supreme Court of Nepal (Sarbochcha Adalat), on the understanding that there would also be an EMB (the Election Commission of Nepal, Nirbachan Aayog) entrusted with organizing elections. 213. The key characteristic of this type of EDRS is its provisional or transitional nature. The ad hoc body is tasked with resolving the challenges arising from a specific election or series of elections held in a given period. This ad hoc body may be legislative, judicial or administrative in nature, but it contrasts with the EDRSs analysed in the sections above. 214. This type of EDRS is also different from cases in which a serious conflict arises in the context of an election related to the process or the results, and the resolution of the conflict or of the respective challenge involves the creation after the event on an extraordinary and exceptional basis by the political actors of an ad hoc body other than the one originally provided for in the electoral legal framework. Examples of the latter occurred during the elections in the United States in 1876 and Kenya in 2007. It is always important to support the observance of the laws and institutions of an EDR system by all involved as an essential characteristic of the rule of law; however, occasionally severe differences arise among the political forces with respect to the development or outcome of an election process and the institutions in place are not robust enough to resolve them in a way that is 79 5. A general classification of EDR systems ii) An ad hoc body created as an internal national institutional solution

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