KATHMANDU: The question of who holds the official leadership of the Nepali Congress has become a major topic in national politics following the party’s Special General Convention, which elected a new leadership.

With both the establishment faction and the Special Convention faction claiming legal legitimacy, the matter has now reached the Election Commission, whose decision is expected to be decisive.

The newly formed Central Committee, led by Gagan Thapa—who was unanimously elected party president through the Special General Convention—submitted a formal application to the Election Commission on Thursday seeking official recognition.

Thapa’s faction claims that the Special General Convention was conducted in accordance with the party statute, based on the active participation of convention delegates, and that it rightfully elected a new executive body.

The new committee has already held its first meeting and taken key decisions, including the drafting of a party manifesto and organizational strengthening.

President Thapa expressed confidence that the Election Commission would make an impartial decision based on the Constitution, existing laws, and the party statute.

“The Nepali Congress has not split. It is wrong to claim that exercising provisions clearly mentioned in the statute—such as holding a Special General Convention—means the party has divided,” Thapa said.

Establishment Faction Rejects Convention

Meanwhile, the establishment faction has declared the Special General Convention illegal. Deuba-aligned leader Min Bahadur Bishwakarma argued that any gathering not convened by the Central Committee cannot be recognized as official.

He said the Election Commission had been informed that no authorized programs were scheduled under the party’s name between Poush 26 and 28.

Accusing the rival faction of violating the party statute and acting against official decisions, the establishment side submitted a letter to the Commission stating that General Secretaries Gagan Thapa and Bishwaprakash Sharma had been expelled from the party, stripping them even of ordinary membership.

What Does the Law Say?

With both sides staking their claims, the Election Commission is now expected to decide the matter under Sections 43 or 51 of the Political Parties Act, 2073.

Section 43 deals with disputes related to a party’s name, symbol, statute, or office-bearers. To initiate a case under this provision, signatures of at least 40 percent of the Central Committee members are required.

The Commission is under significant time pressure, as the candidate registration for direct elections is scheduled for Magh 6, and the final list of candidates will be published on Magh 9.

Former Chief Election Commissioner Ayodhi Prasad Yadav has urged the Commission to resolve the issue through a fast-track process. “If the parties are dissatisfied with the decision, they can go to court. But unless the Supreme Court issues an interim order, the Commission’s ruling will remain valid,” he said.

Legal Experts Support Thapa Faction

Constitutional expert Bipin Adhikari said the Commission should recognize leadership that emerges through due process as outlined in the party statute. Ignoring this, he warned, would weaken internal democracy within political parties.

Senior advocate Radheshyam Adhikari also supported the legitimacy of the Thapa-led committee, stating that the party’s four-year term had already expired in Mangsir.

Since the leadership failed to convene a Central Committee meeting on time, holding a Special General Convention at the request of delegates was natural, he argued.

“Since leadership has been elected through the Special General Convention, Gagan Thapa is now the legitimate president of the Nepali Congress,” he said.

Former Nepal Bar Association President Gopal Krishna Ghimire echoed the same view, stating that the convention passed its procedures through a voice vote and selected new leadership accordingly. He added that the general secretaries had the authority to convene the Special General Convention.

Counter-Argument from Deuba Camp

However, legal experts aligned with the Deuba faction, including Upendra Keshari Neupane, argued that a Special General Convention cannot be considered legitimate when the Central Committee is not vacant.

Despite strong legal arguments from both sides, the Election Commission’s upcoming verdict is expected to shape not only the future of the Nepali Congress but also the political direction of the upcoming elections.