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After Congress split, legal battle over party symbol and flag to take place

Editor Peoples 13 hours ago

Kathmandu, Jan 15: The Nepali Congress has formally split after a decisive meeting between party president Sher Bahadur Deuba and the two general secretaries failed to reach any outcome.

The Deuba faction called a central committee meeting in Sanepa and took disciplinary action against general secretaries Gagan Thapa and Bishwaprakash Sharma, along with joint general secretary Farmullah Mansur. The three were stripped of ordinary party membership for five years.

Soon after, supporters of the Special General Convention began preparations to select a new leadership. This has triggered a fresh dispute over who leads the original Nepali Congress.

Both factions now claim they represent the legitimate party and are expected to begin retaliatory disciplinary actions against each other.

With the split formalized, the dispute is certain to reach the Election Commission. The Special General Convention faction has already submitted signatures of 54 per cent of convention representatives to the Commission. They must now seek official record updates reflecting the new leadership chosen by the Special General Convention.

At present, the Election Commission records still list the Nepali Congress under Sher Bahadur Deuba’s leadership. A previous central committee meeting had also decided that Deuba’s signature would be used for election-related processes.

The Special General Convention faction plans to approach the Commission under Section 51 of the Political Parties Act 2017. The law requires parties to inform the Commission within 30 days of changes in leadership, statute, rules, seal, flag, or election symbol. After review, the Commission may update records if procedures follow the Constitution, the law, and the party statute.

If complaints are filed, the Commission can seek clarification. There are claims that even the names of deceased individuals appeared in Special General Convention records. If such complaints arise, the Commission may request explanations, and this process could move quickly.

Sources say that if decisions backed by signatures of a majority are submitted, the Commission may update records in favor of the Special General Convention faction. The party convention was held four years ago, and if legal requirements are met, updates are possible.

If the Commission recognizes the leadership elected by the Special General Convention led by Gagan Thapa and Bishwaprakash Sharma, and the establishment faction accepts it, the dispute would end there.

If the establishment faction challenges the legitimacy of the Special General Convention, the dispute may follow a path similar to the former Nepal Communist Party split. Under the law, a faction with signatures of 40 percent of the central committee members can file a claim within 30 days of the dispute.

The Commission then seeks written responses from the other side, allows time extensions if requested, and attempts mediation. If no agreement is reached, the Commission conducts hearings and issues a decision. One side gains official status, the other may register a new party.

Candidate nominations for the House of Representatives election scheduled for March 5, 2026, will be held on January 20. Public concern is growing over how the Congress will contest the polls.

If the Special General Convention faction submits its decision but the Commission does not rule before January 20, the party may be forced to contest the election under Deuba’s leadership. Party registration documents still carry his signature.

Former chief election commissioner Nilkantha Uprety says elections do not stop due to internal party disputes unless ordered by a court. If no decision comes before nominations, Deuba could distribute tickets. That would change only if the Special General Convention faction gains legal recognition in time.

People’s News Monitoring Service

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