Gyawali said that more than 54 percent of the delegates have demanded a special general convention in accordance with the constitution in the dispute within the Congress, and accordingly, the general convention is continuing at Bhrikuti Mandap.
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The Nepali Congress has formally split after a long period of internal conflict.
As the special general convention held at Bhrikutimandap has moved forward with the process of selecting a new leadership, the Deuba-led central working committee meeting has expelled General Secretary Gagan Thapa, Bishwaprakash Sharma and Joint General Secretary Farmullah Mansur for 5 years. Analysts say this has formally announced the party split.
Senior advocate and constitutional expert Chandrakant Gyawali analyzed the dispute from a statutory and legal perspective and found the move by the special general convention supporters to be in accordance with the statute. He reminded that Article 269 of the Constitution of Nepal stipulates that the statute of a political party must be democratic and said that the statute of the Nepali Congress made in 2017 is democratic.
The term of office of the party's central working committee is four years as per the statute and it ended in 2082 Mangsir. Even if the term ends in Mangsir, there is a provision that the statute can be extended by one year. But as per Article 17 of the statute, there is a binding provision that the establishment party must call a special general convention if 40 percent of the general convention delegates demand a special general convention with their signatures. He clarified that if the establishment does not call it, any of the old general convention delegates can call it. Gyawali says that in the current dispute, more than 54 percent of the delegates have demanded a special general convention in accordance with the statute and the general convention is continuing at Bhrikutimandap accordingly. This has automatically dissolved the old central committee, and serious questions of legitimacy have arisen in the context of the special general convention publishing the election schedule and calling for candidacy and moving forward with the nomination process, and the establishment party taking action against three leaders. According to him, if the special general convention elects a new working committee, an application should be filed with the Election Commission within 30 days, claiming the party's name, election symbol 'tree', flag, etc.
If the Deuba faction also claims legitimacy, the dispute will reach the Election Commission. In an interview with News Agency Nepal, Gyawali said that according to Section 51 of the Political Parties Act, the commission has to decide to grant legitimacy to one party and even though the decision is final, a writ can be filed in the Supreme Court for constitutional review.
The schedule for direct candidacy nominations in the upcoming House of Representatives elections is to be done by Magh 20. If the battle for legitimacy drags on, there is a risk that the Congress will not be able to select and nominate candidates. This will add complexity to the election process and may affect the election itself on time, he warned.
Currently, the special general convention supporters have moved forward with the process of selecting a new leadership with the participation of a majority of representatives, while both parties are preparing to submit their claims for legitimacy to the Election Commission. He commented that this dispute could have a serious impact not only on the unity of the Congress but also on the entire process of the upcoming election.
