The Election Commission has recognized the new working committee, which was elected in the presence of a majority of representatives at a special general convention called by the two general secretaries amid disagreements among the party leadership.

A special general convention held at Bhrikutimandap in Kathmandu from 10 to 12 December elected a new working committee under the leadership of Gagan Thapa. With the Commission's recognition of this working committee as official on Friday, the long-standing leadership of the old party, the Congress, has also been broken.

Newly elected President Thapa is 49 years old. Outgoing President Sher Bahadur Deuba was 69 years old when he came to the party leadership in 2072. Before that, Sushil Koirala was 61 years old when he was elected president in 2067. Previous President Girija Prasad Koirala was 72 years old when he took the leadership in 2053. 

The Election Commission made the decision on Friday regarding the official status based on the provisions in the Congress statute. The Commission has considered the decision made by the general convention to be legal as the supreme body according to the party statute. The commission's decision states, "The majority of the general convention delegates have called a special general convention, legally selected the leadership of the central executive committee, and sent the matter to the authorized body for updating in accordance with the constitution, the Political Parties Act, 2073, the Party Regulations, 2074, and the party's statute." The commission has also said that the Deuba-led Central Working Committee's ignoring the demand for a special general convention made by the delegates as per the statute cannot be considered in line with democratic values. 

Article 17 (2) of the statute provides that a special general convention should be called within 3 months if 40 percent of the delegates submit a written request to the center stating specific reasons. 54 percent of the delegates had submitted a petition on 29 Asoj demanding a special general convention. After the Central Working Committee ignored it, the then General Secretaries Gagan Kumar Thapa and Bishwaprakash Sharma called a special general convention. 

The Commission has said in its decision, ‘Since it is written in the party statute that the central office will be under the general secretary and the general secretary will oversee the office, it does not seem possible to call the special general convention called by the responsible officials of the central committee and the general secretaries otherwise.’ The Commission has mentioned in its decision that democratic values ​​and norms should not be limited to words alone, but should also be transformed into the party’s behavior and its implementation should be seen to be democratic. 

Acting Chief Election Commissioner Ram Prasad Bhandari has said that he has come to the conclusion that the special general convention is valid after looking at the constitution, political party-related acts, regulations, and the party’s statute, party decisions, and correspondence with the Commission. ‘The statute is the main thing for the operation of the party and the party’s work should be carried out in accordance with the statute,’ he said. 

The decision regarding the official status of the Nepali Congress was made by the 115th meeting of the Commission. While taking the decision, Acting Election Commissioner Ram Prasad Bhandari had studied the constitution, acts, regulations, and the party’s statute and had a long discussion and consultation with the legal officers in the Commission. After Commissioner Sagun Shumsher Jabra also agreed with his arguments, the decision to give legitimacy to the Thapa-led working committee was made. 

Another Commissioner Janaki Kumari Tuladhar, however, stated that she disagreed with the decision, but did not write any reason or argument for it. Tuladhar, who had gone to Dhangadhi on business until 4th Magh, returned to Kathmandu after receiving information that a decision was being made regarding the Congress. ‘She kept insisting that it was not possible, it was not possible, but she could not give an argument as to why it was not possible,’ said the Commission official. ‘The decision was made by majority vote as the other two Commissioners seemed to have the same opinion.’

The posts of Chief Election Commissioner and one Commissioner are vacant in the 5-member Commission. Being a senior Commissioner, Bhandari has been in charge of the acting chief for the past 10 months. He is also a senior advocate.

A special general convention of the Congress was held at Bhrikutimandap in Kathmandu from 27th to 30th Poush at the call of the then General Secretaries Gagan Thapa and Bishwaprakash Sharma. "The general convention was seen as legal, and since the general convention was seen as legal, the decisions it made were also legal," said a legal officer of the commission. "The commission has decided accordingly." After the commission's decision, the entire working committee, consisting of Gagan Kumar Thapa as president, Bishwaprakash Sharma as vice president, Pushpa Bhusal as vice president, Gururaj Ghimire and Pradeep Poudel as general secretaries, has been updated in the commission's party registration book. 

After the Election Commission recognized the Thapa-led working committee, leaders from Deuba's side held a meeting on Friday and reviewed it. In the meantime, a meeting has been called for 8 am on Saturday. The leaders say that a decision will be taken in the meeting to go to the Supreme Court against the commission's decision. Similarly, preparations are underway to protest in all districts. Meanwhile, leader Ramhari Khatiwada, who is on Deuba's side, has responded that the Congress should move forward unitedly, accepting the decision made by the Election Commission. 

What is in the commission's decision? 

— In accordance with Article 43 of the Congress Statute, the term of office of the party’s committee members at all levels was extended for the first time until mid-Magh 2082 and for the second time until mid-Jestha 2083, indicating an extraordinary situation. There is no definition anywhere in the party’s statute regarding what kind of situation is considered an extraordinary situation.

— In accordance with the provision in Article 17 (2) of the statute, if 40 percent of the members of the general convention make a written request to the center, specifying a special reason, to convene a meeting of the central general convention, a special central general convention must be convened within 3 months of the request, more than 40 percent of the members have submitted a request to convene a special central general convention, specifying the grounds and reasons. It was found that the general secretary called the general convention when the central working committee did not call the special general convention.

— Since Article 27 (1) of the statute states that the Central Office of the Nepali Congress will be under the General Secretary and that the General Secretary will supervise and operate the Central Office, it does not seem possible to call the Special General Convention called by the responsible officers of the Central Committee and the General Secretaries otherwise.

— Since Article 15 of the statute also states that the Central General Convention will be the highest authorized body of the party and that the Central General Convention will elect the officers and members of the Central Working Committee, it does not seem possible to say that the Special General Convention of the Congress did not take place by ignoring the issue of the election of the officers and members of the Central Working Committee by the Central General Convention.

— According to the party's statute, the highest authorized body is the General Convention and the General Convention is the one that will elect the Central Executive Committee of the party. It does not seem possible to consider that the Central Committee elected by the General Convention is trying to control the General Convention by ignoring the demands of the General Convention.

‘We will include all leaders and cadres, including former President Deuba’

In a conversation with Kantipur immediately after the Election Commission recognized the Central Working Committee elected from the special general convention, President Gagan Thapa said:

On 28 Asoj, Sher Bahadur Deuba had gone ‘gracefully’, everyone had thanked him. He should have stuck to that decision.

• We are not walking around saying that we will overthrow the government, we have been trying to change the leadership since yesterday. We had tried to change it in the previous general convention as well, we had also tried to change it from the leader of the parliamentary party.
• What is expected of the respected leader Sher Bahadur Deuba is that the decision to hold a special general convention in the party was made, the constitutional institution we created gave the test to it, whatever happened till yesterday, happened, now we should call on the entire party to move forward unitedly. I need Deuba's blessings, I also need Purna Bahadur Khadka's good wishes. All of us in the party are in one place, no one has left this party by dividing it. 
• After the 23-24 Bhadau movement, I met Deuba only once on 28 Ashoja. But I was in contact by telephone. The day after the attack on Deuba on 24 Bhadau, Bishwo Prakash Sharma and I issued a statement condemning him.
• Deuba was ready to hold a regular general convention in Mangsir, but some people kept saying that they would not give it by name.
• From today, I am the president of the Nepali Congress, now the decision made by someone else as the acting president of the Congress is not recognized by the constitution, the law, or the statute.
• It is said that Sher Bahadur Deuba and Arju Rana will not contest elections anymore. It is a matter of right for every member of the party to have aspirations, but now one level and rank should take a break.
• Some of our votes may not be in the list of proportional candidates, but those who have been included are from the party. We should not consider that too difficult.
• To maintain the sanctity of democracy, we should not form alliances before the election. In this election, the Congress will take its candidates in 165 constituencies. We will not ask for votes except for the tree symbol.
• The party has already decided to form an alliance in the National Assembly election, and party organizations are a continuation of that. The House of Representatives and the National Assembly should not be seen in the same place.
• Shekhar Koirala had called for his friends to return home only yesterday, and I expect that he will make the same call now.
• Events of the special general convention