EC gets show cause for registering NCP (NCP)
Kathmandu, June 17
The Supreme Court has issued a show cause notice to the Election Commission for registering the Nepal Communist Party (NCP) without the party ensuring 33 per cent representation of women in its party committees. The EC will now have to submit its written reply to the apex court within 15 days.
A single bench of Justice Anil Kumar Sinha issued the notice to the poll panel in response to a case filed by 14 people, including Senior Advocate Surendra Bhandari and Advocate Indu Tuladhar, against the EC. They had filed the case at the apex court on June 14 arguing that the EC’s June 6 decision to register the NCP (NCP) without the party fulfilling the registration conditions was wrong.
The court listed the case for priority hearing saying that it needed to deliver a verdict in the case as soon as possible, as it entailed interpretation of Article 38 (4) and 269 (4) of the constitution and Section 15 (94) of the Political Party Registration Act.
The petitioners added that EC should make it mandatory for all the parties to ensure 33 per cent representation of women in their committees besides ensuring inclusion in their parties.
The EC stated that none of the parties registered at the EC had met the criterion of ensuring 33 per cent representation of women in their central committees.
“Defendants’ decision to register a party that has not fulfilled legal obligation makes a mockery of constitutionalism and the rule of law,” petitioners stated in their petition. They added that the Constitution of Nepal and Political Party Registration Act had not envisaged interim statute of a political party and therefore registration of the NCP (NCP) at the EC on the basis of its interim statute was a violation of a law.
The petitioners added that as per Section 15 (4) of Political Party Registration Act parties had to ensure 33 per cent representation of women in all their committees.
The petitioners argued that as per Article 269 (2) of the constitution, a political party formed in accordance with Article 269 (1) had to register the party with the EC upon fulfilment of the procedures established by law.