Supreme Court to Hear Petition Challenging Nepali Congress Convention Schedule

Kathmandu. The Supreme Court has scheduled a hearing today for a writ petition filed by the Sher Bahadur Deuba faction of the Nepali Congress, seeking to halt the implementation of the new schedule for the party's 15th General Convention until the ongoing dispute over the party's official status is resolved.

The petition was registered on Chaitra 25 by Shrawan Kumar Shrestha, acting on behalf of party President Sher Bahadur Deuba—elected during the 14th General Convention—and Purna Bahadur Khadka, who was appointed as Acting President by Deuba during the Central Working Committee meeting on Ashoj 28. Advocate Laxmi Rawal confirmed that the hearing is set to address the request for an interim order to stop the convention-related activities.

The petition notes that a new central committee was selected during a special convention held from Poush 27 to 30, 2082, led by then-General Secretaries Gagan Thapa and Bishwa Prakash Sharma, despite opposition from then-President Deuba. The Election Commission updated this committee on Magh 2, which the petitioners claim is against the party's statute. They have challenged this in the Supreme Court and argue that while the case is sub judice, the unilateral advancement of the convention process should be halted. The Gagan Thapa-led committee has scheduled the 15th General Convention for Ashoj 16–19, 2083, and has begun distributing active memberships.

The petition claims that it is illegal to set a new date when the committee elected during the 14th General Convention had already scheduled the 15th General Convention for Baisakh 28–31, 2083, and had already begun selecting representatives. It asserts that announcing a new date without consensus while the official status case is pending is legally and politically inappropriate.

The writ, filed under Section 158 of the Civil Procedure Code, 2074, and Rule 49 of the Supreme Court Rules, 2074, seeks certiorari, prohibition, and mandamus, citing eight specific reasons.

The 8 reasons mentioned in the petition are as follows:

1. We, the petitioners, filed a writ on 2082/10/04 challenging the Election Commission's decision dated 2082/10/02, which updated the party leadership based on a 'special convention' that the Nepali Congress never organized. This decision, made by two commissioners, violated the Political Parties Act, 2073, and the Nepali Congress Statute, 2017, infringing upon our constitutional and fundamental rights. The case remains sub judice.

2. A meeting of the Central Working Committee held on 2082/09/18, chaired by petitioner Purna Bahadur Khadka and attended by Gagan Kumar Thapa and Bishwa Prakash Sharma, decided to hold the 15th General Convention in Kathmandu on Baisakh 28, 29, 30, and 31, 2083. This decision remains valid and updated with the Election Commission.

3. In their written responses, Gagan Kumar Thapa and Bishwa Prakash Sharma admitted they did not organize the special convention but merely participated. This admission confirms that the Election Commission's decision is subject to cancellation, rendering any subsequent actions by the respondents illegal.

4. Actions contrary to the party's statute cannot be recognized. The Central Working Committee's decision to hold the convention on Baisakh 28–31, 2083, remains in effect, and the respondents' unilateral decision to change the date to Ashoj 16–19, 2083, is an attempt to influence the sub judice case and exclude us from the process.

5. Therefore, we request an interim order to halt all activities related to the 15th General Convention scheduled for Ashoj 16–19, 2083, until the final verdict of the ongoing case (Case No. 082-Wo-0773). Given the gravity of the matter, we request continuous hearings without the possibility of postponement by either party.

6. We request that this petition be heard alongside Case No. 082-Wo-0773.

7. The required registration fees for the petition are attached.

8. The arguments of the legal practitioners, legal provisions, and precedents submitted by them should be considered an integral part of this petition.