It is seen that if the Congress special general convention is held amidst internal disputes to elect the party leadership, further disputes regarding its legitimacy will arise. The party establishment side is calling the special general convention illegal. The other side is arguing that the special general convention was called to comply with the statute. Leaders and activists are concerned that the legitimacy dispute could damage the party if it flares up on the eve of the parliamentary elections.

The special general convention is starting on Sunday under the leadership of two general secretaries Gagan Thapa and Bishwaprakash Sharma. Leaders in favor of the general convention are preparing to move forward by selecting a new leadership if a majority of representatives are present. There is a possibility that the dispute regarding the legitimacy of the selection of a new leadership from the special general convention will reach the Supreme Court via the Election Commission. Direct candidacy registration for the House of Representatives elections to be held on 21 Falgun will have to be done on 6 Magh.

The Election Commission has also shown concern and interest regarding the disputes seen in the Congress during the election pressure. The officials of the Commission and the Law Division are studying the statute, acts, rules and old precedents of the Congress. If the dispute reaches the Commission, a solution is also being sought to resolve it quickly. 'The Commission is very busy in the election preparations.' "It would have been better if the party dispute had not arisen at such a time," said an official of the commission, "Should we resolve the dispute of a big and old party or focus on election preparations?"

If the special general convention changes the leadership, the commission will have to be informed according to Section 51 of the Political Parties Act. The said section states that the party must inform the commission of any changes or amendments to its name, statute, rules, seal, flag or symbol, changes in office bearers and other matters as specified by the commission within 30 days. The commission will conduct necessary studies and investigations on the information and activities received in this way, and if it is found to be in accordance with the constitution, act, rules and party statute, the commission will update the details of the concerned party.

A former commissioner says that in the event of an internal dispute in a party, it will be difficult for the commission to easily update the details provided by one party. Because, the other party will approach the commission to stop it by saying that the details given by the special general convention supporters are wrong. ‘In such a situation, the issue of dispute resolution regarding party recognition in Chapter 9 of the Act comes into play,’ he says.

Section 43 under Chapter 9 states that the Commission has the authority to resolve disputes between two or more parties or between two or more parties of the same party regarding the name, seal, statute, flag, symbol, office bearers, central committee or the authenticity of the decisions of the central committee.

If two parties claim on the name, flag, etc. of the central committee and the party, the Commission will proceed with the dispute resolution process in Sections 43, 44, 45 and 46 of Chapter 9, an official of the Commission says. He says that it will take procedural time. If the two parties do not reach an agreement during the dispute resolution process, the Commission can recognize one party as the party before the dispute arose, based on evidence.

In a situation where only one party cannot be recognized, the party with the majority in the central committee can be recognized as the old party and the other party can be recognized as a separate political party. But the new party formed in this way cannot participate in the upcoming elections. The deadline for registering parties for the purpose of the House of Representatives elections has already expired on November 14. If the commission is to create a situation where new parties can participate in the elections, the commission should bring back all the election programs starting from party registration for election purposes. 'But there is no situation where a dispute within a party or the election program for a party will be changed,' says an official of the commission.

It is necessary to reach an internal consensus in the Congress, that is the best option ahead of the elections: Ayodhee Prasad Yadav, former Chief Election Commissioner Former Chief Election Commissioner Ayodhee Prasad Yadav says it is necessary to reach a consensus within the Congress. He says that a major dispute in the party ahead of the elections is not good overall. "Let's hope that the Congress will resolve the internal disputes of the party. The party that submitted its proportional candidacy by consensus will also register its direct candidacy by consensus," he said. "The best option in the face of elections is internal consensus." Former Chief Election Commissioner Yadav says that the election program cannot be changed due to internal disputes of a party. He says that if the general convention is called based on the provisions in the party statute, the decision it makes will be legal. "If the general convention is held in the presence of a majority of representatives, it will be valid," he said. "Majority means that. But at this time, there is no situation of splitting the party or starting a new party. The new party will not be allowed to participate in the elections." He says that if the party dispute reaches the commission, the commission will also look at the provisions, acts and rules in the party statute.

A commission official says that the commission can choose not to enter into the dispute of the Congress by citing the rules of the regulations on political parties, which were made based on the Act. Rule 23(6) of the regulations states that no action will be taken regarding the resolution of disputes between parties during the election period. A former commissioner said that such a provision was made in the regulations because the commission is busy with election preparations and management, so it cannot enter into dispute resolution during the election period and that it will also cause many complications. ‘The commission can keep quiet by citing the same rule,’ he said.

Another former commissioner says that the commission cannot evade disputes within a big party by citing the rule. ‘That is not a provision in the act, it is an act above the rule,’ he says. ‘On the eve of the election, disputes that arise within a big political party should be resolved as quickly as possible without saying day or night.’ He mentioned that possible meetings, rallies and sit-ins will not let the commission remain silent.

The former commissioner estimates that the commission will have to reach a decision to hold the election. If both parties accept the commission's decision, the nomination of candidates and other activities will take place in a comfortable environment, he says. 'Or, if the party dissatisfied with the decision knocks on the court's door, it may be done according to its order. If it takes time, one party may have to stay out of the election,' he says.

In the provisions of the Dispute Resolution Act, the majority of the central committee is considered an important basis for the decision. Section 44(6) states that - among the office bearers and members of the central committee submitted to the commission on behalf of such a party before submitting a claim to the commission, the party that has the majority of the office bearers and members of such committee shall be recognized as the party before the dispute arose, and the other party may be recognized as a separate political party and registered. In response to a query put forward by Kantipur, a former commissioner said, ‘Since the law does not recognize the party’s general convention representative, the commission takes the decision based on the number of the central committee.’

Another former commissioner has a different opinion on the same query. He says that the party’s statute is equally important in resolving disputes. ‘The party’s statute is also an official document approved by the commission after examining whether it is in accordance with the constitution, law, and rules.’ While resolving disputes, the commission should also take a decision by looking at the provisions in the party’s statute,’ he says.

Article 15 of the Congress statute states, ‘The Central Convention shall be the highest authorized body of the party.’ The Central Convention itself elects the party’s Central Committee. ‘Whether the convention was held legally or not, has the procedure for convening the convention been completed?’ The commission should do the first test,' the former commissioner says, 'if the general convention is deemed legitimate, then the decision it takes will also be legitimate.'

If the presence of a majority of representatives in the special general convention takes some decisions, it has legal and political validity: Bipin Adhikari, constitutional expert

Bipin Adhikari, an expert on the constitution and law, also says that since the general convention is the highest body of the Congress, it is free to exercise its powers as per the statute. 'The general convention can legally determine its own path,' he says, 'If the presence of a majority of representatives in the special general convention takes some decisions, it has legal and political validity.' According to the official, the special general convention is a legal process as per the Congress statute. Stating that there is a clear provision in the statute for its convocation, he said that the statute does not prohibit the calling of a special general convention.

The official also said that it would be unfortunate for the Congress to have a dispute in the party when the election code of conduct is being prepared to be implemented, and the day for nomination of candidates is approaching. ‘How will a divided party face the election?’ The leadership should understand this, he said, ‘The democratic party, Congress, should be able to see democratic values ​​in its own internal life.’

Special general convention is mandatory, if it is called by another office bearer instead of the chairman, it is legal: Chandrakant Gyawali, senior advocate

Senior advocate Chandrakant Gyawali says that there is a mandatory provision in the statute for the chairman to call a special general convention after 40 percent of the representatives demand it. ‘The chairman should have called the general convention. That is mandatory. But he did not call it.’ In that situation, even if another party official calls it, it is still legal,' he said, 'The special general convention is seen as statutory and procedural. That is why a decision made with the presence of a majority of members gains legitimacy. Democracy is the rule of the majority.' Gyawali mentioned that the general convention is also sovereign as it is the highest body of the party. He said that it can take any decision legally. 'If the agenda of leadership change is introduced in the general convention, it can decide on it. It can replace the current central committee and give a new committee,' he said, 'Everyone should accept the decision of the general convention that was held with the presence of a majority of representatives. The current central committee should also accept the decision of the general convention.'

The Election Commission had recognized the convention held by another party in the Nepal Communist Party led by Rishi Ram Kattel with a majority. Party Vice President Lok Narayan Subedi held the party's national convention in Janakpur on 11-12 Chaitra 2078. The convention passed the statute amendment, political report and also elected a 44-member central committee. The commission concluded that the national convention was legal. Similarly, after being released from prison on 27 Poush 2080, Resham Chaudhary became the president of the Civil Liberation Party by holding the party's general convention in Tikapur, Kailali. The commission did not recognize that general convention while investigating the complaint filed against him.

The commission is not going to be a referee to decide who is fighting on the street, the commission is fully focused on election preparations: Ram Prasad Bhandari, Acting Chief Election Commissioner