Supreme Court Rules in Favor of Gagan Thapa in Nepali Congress Legitimacy Dispute

Kathmandu. The Supreme Court has ruled in favor of Gagan Thapa, who was elected president through a special general convention, regarding the dispute over the legitimacy of the Nepali Congress. On Friday, a joint bench of judges Sharanga Subedi and Nripadhwaj Niraula delivered the verdict in favor of the committee led by Thapa. 

After the Election Commission recognized the committee led by Gagan Thapa, elected through the special general convention, Sher Bahadur Deuba and Purna Bahadur Khadka filed a writ petition in the Supreme Court on Magh 4. 

The writ petition argued that the special general convention was called in violation of the Nepali Congress statute and prevailing laws. Petitioners Deuba and Purna Bahadur Khadka claimed that since the term of the working committee elected from the 14th General Convention had been extended until the end of Magh 2082, changing the leadership through an illegal special general convention was against democratic values and Articles 17, 27, and 43 of the party statute. 

The petition demanded the cancellation of the Election Commission's decision dated Magh 2, alleging that the Commission granted legitimacy to an illegal committee while ignoring the party statute and the Political Parties Act. The writ stated that the Commission updated the details unilaterally without verifying the signatures of 40 percent of the central members and without providing an opportunity for a hearing. 
Although the Deuba faction claimed to be the legitimate office-bearers of the Congress and requested an interim order to stop the implementation of the Commission's decision and prevent the Gagan Thapa-led committee from performing any actions, the court had previously refused to issue an interim order. Following that, on Magh 6, Congress candidates registered their nominations under Gagan Thapa's signature. Despite the disagreement of the Deuba faction, Gagan Thapa was elected president at the special general convention held in the last week of Poush.