SC denies interim order against Thapa-led NC

By A Staff Reporter,Kathmandu, Jan. 21: The Supreme Court has refused to issue an interim order in a writ petition challenging the legitimacy of the leadership of the Nepali Congress elected through a special general convention, allowing the Gagan Thapa-led party committee to continue functioning for now.

A single bench of Justice Sunil Kumar Pokharel, hearing the case on Tuesday, declined to halt the implementation of the Election Commission’s decision that recognised the new leadership. 

However, the Court issued a show-cause order to the Election Commission and other respondents, directing them to submit written explanations within 15 days on why the demands raised by the petitioners should not be addressed. 

The court has also ordered that the case be given priority, citing the presence of serious legal and constitutional questions.

The writ petition was filed on behalf of outgoing party president Sher Bahadur Deuba and senior leader Purna Bahadur Khadka, naming the Election Commission as the principal defendant. 

The petition challenges the legality of the special general convention convened by then general secretaries Gagan Thapa and Bishwaprakash Sharma, which resulted in a change of leadership mid-term.

The Deuba faction has argued that the special general convention was held in violation of the Nepali Congress statute and prevailing laws. According to the petition, a special general convention cannot be convened without a formal decision of the Central Working Committee. 

The petitioners have further claimed that quorum was not met, the signatures of representatives were misused, and the leadership was declared without completing the required procedures.

The writ also accuses the Election Commission of acting unlawfully by recognising the Thapa-led working committee, alleging that the Commission ignored the party statute and provisions of the Political Parties Act, 2073. 

It claims that the Commission updated party details without properly verifying the signatures of 40 per cent of central members and without giving dissenting leaders an opportunity to put forth their voice.

Seeking immediate relief, the Deuba faction had demanded an interim order to prevent the implementation of the Commission’s decision and to bar the Thapa-led committee from carrying out party activities. They also called for the dissolution of the newly formed working committee.

In its order, the Supreme Court stated that the case raises complex political, legal and constitutional issues that must be resolved at the final hearing stage. With the interim order denied, Gagan Thapa has continued to function as party president and has already signed and distributed tickets for candidates contesting the House of Representatives elections scheduled for March 6.