Nepali Congress Convention Ignites Internal Strife Amidst Calls for Change
The Nepali Congress, a party with a long and storied history, is currently embroiled in an internal struggle as a significant faction has convened a special convention, challenging the established leadership. This move, spearheaded by general secretaries Gagan Thapa and Bishwa Prakash Sharma, signals a bold attempt to steer the party in a new direction, potentially altering its policies and leadership.
The special convention, held in the capital, was officially called with the backing of approximately 54 percent of the party’s general convention representatives. This initiative is constitutionally permissible, as the party’s statute mandates the convening of a special convention if 40 percent of representatives demand it, provided they outline clear reasons for such a gathering.
Despite this statutory provision, party president Sher Bahadur Deuba had reportedly been hesitant to call the convention. However, with the support of 2,488 general convention representatives, Thapa and Sharma proceeded with organizing the supreme body’s meeting. The current total number of Nepali Congress representatives stands at 4,556.
Legal Standing and Future Uncertainty
Legal experts who have closely observed the political landscape of the Nepali Congress deem the special convention to be legitimate. However, the ultimate validity of its decisions hinges on the attendance of representatives during the crucial closed-door session, scheduled to commence on Monday morning.
While clause 17 (2) of the Congress statute empowers 40 percent of representatives to call a convention, it remains silent on the specific quorum required for policy-making decisions. Senior advocate Gopal Krishna Ghimire, a former president of the Nepal Bar Association with close ties to the Congress party, explained that decisions are generally considered legitimate if they receive a majority vote of over 50 percent. Nevertheless, he emphasized that the Congress statute does not explicitly define this threshold for the special convention.
“In principle, decisions taken by any majority of over 50 percent are legitimate. However, the Congress statute does not explicitly mention this,” Ghimire stated. “If fewer than 50 percent of representatives show up by the time the closed-door session begins, the special convention will end up being just another gathering.”
To ensure the legitimacy of any decisions made, a minimum of 2,279 representatives must be in attendance, as 2,278 represents the exact halfway mark.
Potential for Leadership Overhaul and Subsequent Challenges
During the inaugural session of the convention, Gagan Thapa addressed the gathered representatives, indicating that they possessed the authority to not only revise the party’s policies but also to elect a new leadership if they so desired.
However, such significant changes, particularly the election of new leadership and amendments to statutory provisions, could precipitate considerable complications. Ghimire cautioned that the Deuba faction might contest the convention’s outcomes, potentially leading to legal challenges.
“The Election Commission will have to handle the complications first. The dispute might even land in court,” Ghimire predicted, drawing on his experience as the party’s chief election commissioner in the 2021 convention.
Navigating the Election Commission’s Role
Should the special general convention proceed to elect a new party leadership, the Election Commission must be formally notified within 30 days, as stipulated by Section 51 of the Political Parties Act. This section mandates that parties inform the commission of any changes or amendments concerning their name, statute, rules, seal, flag, symbol, office bearers, and other pertinent matters.
Upon receiving such notifications, the commission is tasked with conducting a thorough review and scrutiny. If the reported changes are found to be in compliance with the constitution, prevailing laws, rules, and the party’s own statute, the commission will update its records accordingly.
The process is anticipated to be fraught with challenges, given the high likelihood of the Deuba faction approaching the commission to contest the convention’s legitimacy. Section 43 of the Act grants the commission the authority to mediate disputes between factions of a party concerning issues such as the party’s name, seal, statute, flag, symbol, office bearers, central committee, or the validity of central committee decisions.
The commission’s initial approach would be to encourage both factions to reach a compromise. If reconciliation proves unsuccessful, the commission would then proceed to make a decision based on its assessment, which may involve a time-consuming verification of representative numbers.
“The commission will have to recognise the decisions made by the ongoing convention if it has the presence of a majority of the representatives,” a senior official at the commission commented. “The [new] dissident faction will either have to accept it or opt for the formation of a new party.”
While the formation of a new party is permissible, it would preclude participation in the upcoming general election, which is scheduled to take place in just 53 days. The deadline for party registration for the House of Representatives election has already passed, expiring on December 14.
Yagya Bhattarai, head of the Election Commission’s legal department, stated, “Let’s not delve into hypotheticals now. The commission will take appropriate decisions if and when the complaints are filed.”
Implications for Party Stability and Electoral Prospects
With a strong probability of over 50 percent of representatives participating in the convention, the prospect of a leadership change within the Nepali Congress appears significant. The party’s statute outlines a 161-member Central Working Committee, including 13 office bearers, which could be subject to reconstitution.
Ghimire concluded by highlighting the potential ramifications: “The problem is going to be complex. As everything is happening when the elections are right around the corner, the party will suffer a lot.” The timing of this internal upheaval, so close to a general election, raises concerns about the party’s unity and its ability to effectively contest the upcoming polls.
