Chief Election Commissioner Awadhi Kumar Yadav said the commission's attention has been drawn towards the recent cabinet expansion, but it has no authority to take action against the prime minister.
"We can only suggest him," he said, speaking at a function here.
He, however, said the election body would take action against those who tried to lure voters by organising feasts during the third phase of local level elections slated for September 18.
There were reports that various political parties were organising feast in the southern Nepal districts for luring voters.
"We have heard that the candidates have been spending a huge amount of money on the elections, but we have not found any proof yet. If we receive photos as a proof, we will take action against them on the spot," he said.
Prime Minister Deuba on Monday expanded his Cabinet for the fifth time since June, inducting four more ministers to take its strength to a record 54, and evoking criticism from the poll panel.
The Election Commission had expressed its dissatisfaction over the Cabinet expansion. The EC had said in a statement the expansion was against the code of conduct of Provincial Assembly and House of Representatives.
The 71-year-old leader in June became the prime minister for the fourth time, succeeding Maoist leader Prachanda, who resigned from the position as part of a power-sharing deal.
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