Kathmandu, Jan 18: The Deuba faction of the Nepali Congress is set to approach the Supreme Court on Sunday, claiming the party’s official status. The group is filing a writ, challenging the Election Commission’s decision to recognize the working committee elected through the special general convention, calling it illegal.
Earlier, on Saturday, the faction held a meeting in Sanepa and decided to approach the Supreme Court against the Election Commission. According to the meeting’s resolution, acting party president Purn Bahadur Khadka has been authorized to file the writ in the Supreme Court, demanding the reversal of the Election Commission’s decision that recognized the newly elected committee.
The special general convention, held in Kathmandu from January 11 to January 14, elected Gagan Thapa as party president and selected a 134-member working committee.
Once the writ is submitted to the Supreme Court administration, it will be examined to determine whether it follows legal and procedural requirements. If it meets the constitutional and legal criteria, the writ will be formally registered.
However, if the Supreme Court administration, at first glance, finds the Election Commission’s decision in accordance with law, it has the authority to reject the writ. If registered, the case could be heard in a single bench the next day, where the court may decide whether to issue an interim order to halt the Election Commission’s decision. Regardless of whether an interim order is issued, the court may summon the Election Commission for discussions.
The Chief Justice, if deemed necessary, can convene a bench even on the day the writ is registered. If a single bench issues an interim order immediately, it could halt the Election Commission’s decision and affect the election process.
If no interim order is issued, the path remains clear for the Nepali Congress to contest elections under the leadership of newly elected president Gagan Thapa. Should an interim order be granted in line with the Deuba faction’s request, the election schedule could be directly affected, and the writ may be resolved through the interim order itself.
If the writ is not registered and the administration issues a rejection order, the faction can submit another petition to the court. In such a case, a single bench will hear the petition, and the rejection or approval may follow. However, even if the writ is registered and the hearing is scheduled for the next day, or if it is initially rejected, there could be delays in receiving orders from the Supreme Court due to the upcoming court holidays.
This delay could favor Thapa’s faction, as the Election Commission has published its schedule for the House of Representatives elections, with nominations set to be filed on January 20 from 10:00 AM to 5:00 PM at the office of the election officer.
People’s News Monitoring Service
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