Deuba’s 10 legal arguments in his petition: Cannot remove party president without no-confidence motion, demand to cancel Gagan’s recognition

KATHMANDU: Former Nepali Congress President Sher Bahadur Deuba has filed a writ petition at the Supreme Court challenging the Election Commission’s decision to recognize Gagan Thapa as party president following the special general convention. Deuba claims the decision is unconstitutional and illegal.

The writ, submitted on Sunday through acting president Purna Bahadur Khadka and others, seeks interim orders, injunctions, and a directive to suspend the implementation of the commission’s decision. The case is scheduled for hearing on Tuesday.

Deuba’s camp argues that the Election Commission arbitrarily withdrew their recognition and gave it to the Thapa faction. The Supreme Court registered the petition on Sunday, but the hearing is set for Tuesday due to a public holiday on Monday, coinciding with the nomination date for the February 21 elections.

Main 10 Legal Arguments in the Petition:

1. Special Convention No Longer Justified

   According to the petition, the regular 15th general convention process had already begun, making a special convention legally unnecessary. Once the schedule for the regular convention is published, a special convention automatically loses effect.

2. Only the Central Committee Can Call a Special Convention

   As per Article 17(2) of the party statute, the right to call a special convention lies solely with the Central Committee. The petition claims that the general secretaries issuing a notice themselves violated party rules.

3. Term of Leadership Elected in 14th General Convention Remains Valid

   Article 43 of the statute provides a four-year term, extendable by one year in extraordinary circumstances. Deuba’s term is claimed to be legally valid.

4. President Cannot Be Removed Without a No-Confidence Motion

   According to Article 44, removal of the party president requires a no-confidence motion. Changing the president without this process is illegal.

5. Quorum Not Verified in the Alleged Special Convention

   The petition alleges that signatures of delegates were fake, many were withdrawn later, and names of deceased or overseas members were used.

6. Illegal Formation of Election Committee

   Article 35 states that only the Central Committee can form the election committee. The petition claims the special convention formed its own committee, making the election invalid.

7. Violation of Natural Justice by Election Commission

   The commission allegedly recognized Thapa without giving Deuba’s faction an opportunity to present their case.

8. Decision Made Without Chief Election Commissioner

   Article 245 of the constitution requires a collective decision by the commission; without the chief commissioner, it cannot make binding decisions on disputes.

9. Misinterpretation of Political Parties Act

   Section 51 of the Political Parties Act applies to office-bearer changes, not complete replacement of the central committee, making the commission’s recognition of Thapa’s committee an incorrect interpretation.

10. Risk of Serious Impact on Election Process

    If implemented, the decision may prevent the Congress from participating in the House of Representatives elections, causing significant damage to democracy and election legitimacy.

The petition demands:

1. Annulment of the Election Commission’s decision dated January 16
2. Recognition of the Deuba-led committee under Purna Bahadur Khadka
3. Prevention of the Thapa-led committee from functioning until a final decision
4. Interim orders to halt implementation of the commission’s recognition

This writ has raised significant legal and political stakes ahead of the February 21 elections, with potential impact on the candidacy of all parties.