After the Election Commission asked them to change the names of 19 parties saying it was against the constitution, Tamalopa became the supreme party, but the other 13 parties did not change their names either.
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The case related to the dispute, which started after the Election Commission decided on 3 February 2080 that the name should be changed because it was against the constitution, has been set for hearing in the Supreme Court.
At that time, the Election Commission decided to inform those parties to change the name of the political parties as it did not seem to be in accordance with the spirit of the Constitution of Nepal and the Act on Political Parties.
Brishesh Chandra Lal filed a writ in the Supreme Court on behalf of Terai Madhesh Democratic Party challenging the said decision. The writ has been scheduled for hearing on Tuesday in the bench of Justices Kumar Chudal and Balkrishna Dhakal. Case number '1' was hit by a shell yes
The Election Commission had decided to change the names of 19 political parties saying that they are contrary to the spirit of the constitution and inflame communal harmony.
The Election Commission had instructed these parties to change their names within 30 days. According to the instructions of the commission, 6 parties had also changed their names, but Tamalopa went to the court saying that the decision of the commission to change the name was illegal. The Supreme Court held the first hearing on 4th March and ordered that the decision to change the name of the party be kept as it is for the time being.
After the instructions of the Election Commission, Kirat Khambuwan Common Party, Tamangsaling Democratic Party, Nepal Sukumbasi Party (Democratic), Nepal Dalit Party/Nepal Former Rashtra Sevak Democratic Party also changed their names. 13 parties did not change their names after the Supreme Court passed an interim order.
Tarai Madhes Democratic Party filed a writ in the Supreme Court challenging the decision of the Commission, while other parties approached the Election Commission saying that the Supreme Court had given an interim order.
13 parties that do not change their name
Terai Madhes Democratic Party (Party Registration No. 175)
Mongol National Organization (D. No. 121)
Federal Khambuwan Democratic Party Nepal (D. No. 131)
Akhand Sudurpaschim Party Nepal (D. No. 78)
Khambuwan Rashtriya Morcha Nepal (D. No. 48)
Shiv Sena Nepal (D. No. 43)
Muskan Sena Nepal Party (D. No. 6)
Madhesi People's Rights Forum Madhes (D. No. 31)
Madhes Tarai Forum (D. No. 20)
Churebhavar Democratic Party (D. No. 7)
Backward Class Nishad Dalit Tribe Party (D. No. 94)
Federal Democratic National Forum, Tharuhat (D. No. 49)
Nationalist Youth Front (D. No. 106)
Why did the Election Commission ask to change its name?
The Election Commission meeting held on 3 February 2080 said that the names of 19 parties were against the constitution.
"Since the names of 19 political parties do not seem to be in accordance with the spirit of the Constitution of Nepal and the spirit of the Act on Political Parties, the commission will inform those parties to change the names of such parties," said the commission's decision. In the decision of the commission, it was asked to change the name of the party in accordance with the Constitution of Nepal, Article 57 of the Political Parties Act, 2073, the Political Parties Act, 2073 and the Political Parties Regulations, 2074 and submit it within 30 days from the date of receipt of the letter.
Article 269 of the Constitution of Nepal states that the name, purpose, symbol or flag of any political party should not disturb the religious and communal unity of the country or divide the country. is
The commission has claimed that in clause (f) of sub-section (1) of section 6 of the Political Party Act, 2073, the name, purpose, symbol or flag of the party should not be of a nature to disrupt or disintegrate the religious or communal unity of Nepal or to be detrimental to public morals. After claiming that the letter issued regarding changing the name of the party in the
writ was prima facie outside the jurisdiction, unauthorized and a misuse of the law, the Supreme Court issued an interim order not to implement the said letter until the next hearing.
