The country's oldest party, the Nepali Congress, has been pushed into another difficult crisis by the general convention controversy. General secretaries Gagan Thapa and Bishwaprakash Sharma have formally called for a special general convention on December 10-12 to return the party to its rules, statutes, and political dynamics.

On the other hand, the central office, under the leadership's direction, has issued a warning statement saying that the right to call a special general convention lies solely with the central working committee. 

The call by the two general secretaries and the warning by the central working committee have led to a power struggle within the Congress turning into a confrontation. This raises the question of whether the Congress will return to the path of unity or move towards division. There is also speculation that the current crisis within the Congress could be a repeat of the division 23 years ago. 

After President Sher Bahadur Deuba himself was taken into action by the party, he split the Congress in 2059 BS. Deuba, who was the Prime Minister and a central member of the Congress at the time, faced action for defending his government against the party's decision.

At present, the general secretaries are accused of trying to split the party when the central working committee is not trying to uphold the legal rights of 54 percent of the general convention delegates. 

However, General Secretaries Thapa and Sharma have expressed their commitment not to allow the party to split even under difficult circumstances and have called on the general convention delegates to come to Kathmandu. On the contrary, the party leaders and cadres have been divided on the issue of the special general convention.

President Sher Bahadur Deuba, acting president Purna Bahadur Khadka and leader Shekhar Koirala are against the special general convention. Leader Koirala, who had the idea that a regular general convention should be held before the elections, or that the central working committee itself should call a special general convention if that is not possible, joined President Deuba's ideological line at the last moment. On the other hand, General Secretaries Thapa and Sharma have led the special general convention. 

The General Secretaries have said that a special general convention is being held to comply with the provisions of the statute. But the central working committee has called it illegal. ‘As provided in the party’s statute, the right to call a convention or special general convention at any level is vested in the party’s central working committee, not in any individual party official or member,’ said a statement issued by Congress Chief Secretary Krishna Poudel.

‘Any activity carried out by office bearers or members in the name of a convention or special general convention called individually will be against the party’s statute,’ the statement said. The Congress has urged party officials and members at all levels not to engage in such activities. The establishment party has indicated that action will be taken against the general secretary and others who call a special general convention based on this.

Although the issue of division in the Congress in the past was different from the current one, its background began with the same action. In Mangsir 2058, the dispute between the then Congress president Girija Prasad Koirala and Deuba reached its peak over whether to continue the state of emergency imposed against the then Maoist armed war. Despite the party's decision not to continue the state of emergency, Deuba dissolved the House of Representatives at the behest of the then King Gyanendra Shah.

After that, the party took action against him by not even removing him from the general membership. After that, the Nepali Congress (Democratic) party was born under Deuba's leadership. Before the 2064 Constituent Assembly elections, this party was integrated into the original Congress. 

At this time, the two general secretaries have said that they have called for a special general convention with a firm resolve not to allow the party to split. 'The party does not split by splitting, it does not split even if someone wants it. If a difficult situation arises, I will try to preserve unity even if I have to drink poison myself,' said General Secretary Thapa.

Party spokesperson Prakash Sharan Mahat, however, says that the rationale for a special general convention has ended since the regular general convention schedule has been set. 'The general secretary's jurisdiction is to implement the decisions made by the central working committee as per the instructions of the chairman. The decision to call a special convention arbitrarily is not legal from any angle,' he said.

When asked if action will be taken against the general secretaries, Mahat added, “The party has taken this seriously. Whether or not disciplinary action will be taken will be decided after discussing it with the leadership and the central working committee.” 

Senior advocate Radheshyam Adhikari, who is also a former Congress MP, claims that since the special general convention is a matter of the right of 40 percent of the delegates, it will be legal even if it is called by any employee or member of the central office, not just the general secretary. “This is a matter of the special rights of the central delegates. It must be called after 40 percent demand it. Even if a member calls it, not the general secretary, it is valid,” he said.

There were talks between both sides to reach an agreement to make the special general convention policy-focused. However, after no agreement was reached, the general secretaries formally called the special general convention on Wednesday. The two general secretaries have not clarified whether or not the leadership will be elected from the special general convention. The procedure for the special general convention is not mentioned in the statute. They are preparing to move forward by making a procedure from the general convention.

Article 17 (2) of the statute has a mandatory provision that a special general convention must be called within three months of the request by 40 percent signatures. 54 percent of the general convention representatives have already submitted an application to the central office on 29 Ashoja demanding a special convention. However, there is no clear provision regarding who will call the special convention in accordance with the demand. 

The two general secretaries have relied on the basis of Article 3 (12) and Article 27 (1) of the statute while calling the special convention. Article 17 (2) of the Congress statute mentions two grounds for calling a special convention. According to which, the method and process for calling the central working committee itself and the request through the signatures of 40 percent of the representatives are different.

‘When the central working committee calls, the party’s decision is necessary. However, if 40 percent of the representatives make a request and the central working committee does not take a decision, then even if the general secretary or any member calls it, it is official,’ says senior advocate Adhikari. 

The meaning of the center is explained in Article 3 (12) of the statute, which states that the center includes the central working committee and the central office of the party. The central office of the party is explained in Article 27 (1), which states that the central office of the Congress will be under the general secretary, and the general secretary will supervise and operate the central office. Based on this, the general secretary has called for a special general convention. 

The establishment party fears that if 51 percent of the representatives reach, they will be able to elect the leadership. The leaders understand that if the leadership changes after reaching a majority, the issue of legal validity can be raised in the Election Commission and the court, and that will affect the election. ‘Even if the general secretaries do not elect the leadership now, they can elect the president by garlanding the representatives after they arrive at the gathering, which will be inconvenient,’ said a leader from the establishment party. 

Since then, the leaders in favor of the special general convention have claimed that the number of 54 percent representatives will not decrease. Out of 4,743 Congress representatives, 2,488 have signed in favor of the special general convention. This is 54 percent.

Subash Pokharel, coordinator of the special general convention's publicity committee, claimed that even though the number of members has decreased due to pressure from the establishment party, more has been added. According to him, the number of representatives participating in the special general convention has increased due to growing dissatisfaction with the proportional representation and the selection of candidates in the National Assembly.

Similarly, President Deuba's reactivation in the party, the alliance with the UML in the National Assembly and the possible alliance in the House of Representatives have irritated the upper echelons of the Congress. The supporters of the special general convention have benefited from this.

'There is a strong opinion within the party that the election should not be held without addressing the demands of the Gen-G movement and ending the differences within the party. This issue has also attracted the representatives,' said Pokharel. General Secretaries Thapa and Sharma consulted the intellectual community on Wednesday about their stance. Meanwhile, the special general convention supporters have said that preparations for the special general convention have moved forward through a separate press conference. 

Status quo Congress leadership

– Completely ignoring the demands of the Gen-G rebellion, the same leaders tried to do politics in the same style, and the voice of rebellion has been organized within the Congress