Supreme Court Ruling: Eight Key Points on the Nepal Congress Dispute

April 17, Kathmandu – The Supreme Court has officially recognized the Nepali Congress led by Gagan Thapa. Resolving a three-month-long dispute, the court dismissed the writ petition filed by former Bahadur Khadka seeking a special general convention. Understand the Supreme Court’s decision in eight key points:

The petition was filed concerning term limits by the Nepali Congress Central Committee, submitted by the president elected through the 14th general convention and the acting president. According to Nepali Congress’s 2017 constitution, sections 17 (1) and 43, the term of the elected Central Committee is four years, with an extraordinary provision allowing an extension of up to one year by the Central Working Committee. The petitioners’ term expired on 2082/08/28 (Nepali calendar), and although the committee extended the term until the end of Magh 2082, that period has also concluded.

As per legal provisions under section 17 (2) of the party constitution, a special general convention must be convened within three months if 40 percent of members submit a written request. Such a request was registered on 2082/06/29 under registration number 101. However, due to delays in scheduling, petitioners had announced a 15th general convention for 2082 Poush 26-28 and later postponed it to 2083 Baishakh 28-31. This indicated the petitioners’ unwillingness to effectively convene the special convention.

The special convention was duly notified on 2082/09/23 and held at Bhrikuti Mandap, Kathmandu, on 2082 Poush 27 and 28, with information provided to the Election Commission. According to the Commission’s ruling, the call for the special convention was mandatory, and decisions including leadership changes were reviewed and updated as per section 51 of the Political Parties Act 2073. No legal or procedural errors were found.

The letter sent by Chief Secretary Krishna Prasad Paudel cannot be regarded as a complaint under sections 43 and 44 of the Act. Gagan Thapa, as the legitimate chief office bearer, had already filed his candidacy on 2082 Falgun 21 for the Federal Parliament direct elections, which have since taken place, conferring political legitimacy. There is no need to annul the notices or proceedings of the special convention. The Election Commission’s ruling is final under section 46 (2) of the Act, thus there is no ground for the issuance of orders sought in the writ petition, leading to its rejection.