Kathmandu, August 26
Nepali Congress Vice-President Bishwa Prakash Sharma has said he sees little possibility of the Supreme Court issuing an interim order to halt the party’s 15th general convention.
In a video message issued on Wednesday, Sharma outlined four main reasons why he believes an interim order is unlikely to stop the ongoing convention process.
Addressing concerns among party leaders and cadres following the filing of a petition at the Supreme Court, Sharma said the mere filing of a petition does not mean the court will necessarily issue an interim order.
His first argument was that the date for the general convention was not fixed as a new decision following the Supreme Court’s decision to grant leave for a review.
“The decision was taken by the Central Working Committee meeting held on March 25, following the election on March 5. This date was also mentioned in the court’s April 17 ruling,” Sharma said.
As his second reason, Sharma distinguished between filing a writ petition or supplementary petition and securing an interim order.
“Being in case review is one thing, while getting an interim order sought in the petition is another,” he said. “The court will have to consider whether simply having a case under review provides sufficient grounds for an interim order.”
Sharma said the court would also consider the right of dissenting leaders to participate in the general convention while respecting its previous order.
He pointed out that the scheduled date for ward-level conventions had already been postponed by 22 days, from August 18, providing additional time for dialogue, consensus-building and a possible resolution.
“Therefore, there is absolutely no situation where an interim order must be issued because someone is facing irreparable loss,” he said.
Nepali Congress term deadline
Sharma’s fourth argument concerns the constitutional and legal deadline for the party’s organisational terms.
He said the terms of the Nepali Congress Central Working Committee and all other party committees will expire simultaneously by December.
“Beyond that, neither the party statute nor the Constitution allows us to extend the term even by a single day,” he said.
Sharma said some may believe the party could extend its term by another six months after December, but argued that the Congress statute does not contain such a provision.
Article 269(4)(b) of the Constitution requires political parties to provide in their statutes for elections to federal and provincial-level office-bearers at least once every five years. It also allows for an additional six-month period in exceptional circumstances if elections cannot be held within five years.
Section 16 of the Political Parties Act, 2017 also allows a party to complete its general convention within an additional six months if such a provision exists in its statute and the Election Commission is informed, Sharma said.
However, he maintained that the Nepali Congress statute does not contain a provision allowing an additional six months after the five-year term.
According to Sharma, the party statute endorsed by the General Convention in 2018 states that the term of office-bearers and members at all levels is four years, with the Central Working Committee authorised to extend the term by up to one year in exceptional circumstances after stating the reasons.
The 14th general convention was held in December 2021. Sharma said both the original four-year term and the additional one-year extension will expire this December.
He said this constitutional and statutory deadline would be closely examined by the Supreme Court while deciding whether to issue an interim order.
Calls for internal dialogue
Sharma said resolving internal disputes within the party and selecting its leadership are ultimately matters for the party’s general convention representatives.
Addressing leaders who disagree with the ongoing convention process, he said the party does not oppose their right to approach the courts.
However, he urged them to seek solutions to internal party disputes through dialogue and consensus within the party rather than repeatedly turning to the courts.
“Let us take off the glasses of ego, sit together in the party office and find a solution,” Sharma said. “We are waiting with an open heart to move forward together.”
