The issue of whether the special general convention of the Nepali Congress, which has been ongoing for three days, will change only policy or also the leadership has not yet been decided.

But if the special general convention decides to change both the policy and the leadership without the presence of the establishment party, there is growing interest in whether it will be legally valid. We have spoken to some legal experts to understand this issue.

Senior advocate Shambhu Thapa claimed that if the special general convention selects the policy and leadership by a majority, it will be legitimate. Thapa, a former president of the Nepal Bar and constitutional expert, said that the power to go to the people for the transformation will be legitimate. 'No one can stop the action that went to the people by saying it is illegal,' Thapa said, 'You can say that the power is on my side in a closed room, but it is not legal to say that I extended the term after the majority of the general convention representatives selected a new leadership or that the decision was not made by the central committee.'

According to him, the extended period may be valid only in his own eyes, but after getting a majority from the people, neither the Election Commission nor the court will recognize it. Thapa clarified that this was his personal opinion and said that the special general convention being held at Bhrikutimandap is the mandate of the general workers of the Nepali Congress. ‘If it achieves a majority, no one can stop it from being recognized,’ he said.

He mentioned that the two terms of the current President Sher Bahadur Deuba have ended, and said, ‘Extending it when the term has expired is a desire to retain power, which does not seem appropriate in the eyes of the law.’ He said that the demand for a special general convention has arisen due to this feeling.

Senior advocate and former president of the Nepal Bar Association Gopal Krishna Ghimire said that the highest body of the Nepali Congress is the general convention and the general convention representatives are the decisive and legal structure of the party. ‘No one can say that they do not accept the decisions made by the general convention,’ he said. He claims that the decisions taken by it will be legal since the participation of the majority of representatives in the legally convened special general convention is seen.

A decision made in the presence of a majority of representatives in the special general convention has both legal and political validity - Bipin Adhikari ‘Since 54 percent called the special general convention and there was more than 50 percent participation, both the policy and leadership it will take are legal,’ Ghimire said, ‘This dispute can go to the court through the election, but the recognition is in favor of the majority.’ Ghimire said that since the election is approaching, the commission and the court should also give a decision on time. He said that the establishment side should be prepared to prevent such a situation from happening as much as possible.

Constitutional scholar and legal expert Bipin Adhikari said 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 decide its own path,’ he said, ‘A decision made in the presence of a majority of representatives in the special general convention has both legal and political validity.’

Adhikari said that according to the Congress statute, the special general convention is a legal process and the statute does not prevent it. Senior advocate Chandrakant Gyawali said that there is a mandatory provision in the statute that the president must call a special general convention after 40 percent of the representatives have demanded it.
‘The president should have called the general convention, that is mandatory,’ he said, ‘If the president does not call it, a special general convention called by any other party official is also legal.’ According to him, a decision made in the presence of a majority of representatives gains legitimacy, because democracy is the rule of the majority.

Gyawali believes that since the general convention is the highest and sovereign body of the party, it can legally take any decision. ‘If the agenda of a leadership change is included in the general convention, it can take a decision,’ he said, ‘Everyone should accept the decision of the general convention held with the participation of the majority of representatives, including the current central committee.’