The Supreme Court should issue a quick verdict to resolve the NC dispute. It will provide an opportunity to rally around whichever faction is given legitimacy
The Supreme Court's recent decision to review the Nepali Congress (NC) dispute involving Gagan Thapa and Sher Bahadur Deuba groups has created strong ripples in the political arena. The court had earlier endorsed the decision of the Election Commission of January 17 to recognise the three-day Special Convention led by Thapa. It was held amidst the gathering of a majority of 54 per cent of the Convention members. The convention was staged in line with para 17.2 of the NC's constitution, which provides for its organisation if requested in writing by 40 per cent of the Convention members. Incidentally, the Deuba group had turned a deaf ear to the request, which triggered the conduction of the Special Convention.
The commission based its decision on three aspects. Firstly, the Special Convention had been held following the constitutional stipulation where 40 per cent of the General Convention members had demanded such a convention. Secondly, the Constitution has provided supreme authority to such a Special Convention for making decisions. Thirdly, no one had dissented on the demand of the special convention thereby showing its conformity with the statute. The Deuba group had filed a petition to suspend the decision of the commission. However, a single bench of Justice Sunil Kumar Pokharel had refused an interim order to this effect.
The Deuba group had filed a petition challenging the decision of the commission. It was, however, upheld by a division bench consisting of Justices Sharanga Subedi and Nripadhwoj Niraula on April 17. It further filed the petition in the Supreme Court expressing disagreement with the verdict of the division bench. Consequently, a three-justice bench consisting of Chief Justice Manoj Kumar Sharma and Justices Nityanand Pandey and Shreekanta Paudel issued the order to reopen the case on August 6.
The review was considered necessary because the Election Commission refused to allow petitioners to present their case as per the mandate of the Political Parties Act, 1990. Moreover, 40 per cent of the General Convention members had requested for holding of the Special Convention but it ended up with the election of a new president and central committee despite the presence of both of them who were elected by the 14th General Convention.
This is not the first time that such SGCs were held in the history of the NC. First, in 1957, a similar kind of convention was organised in which then president Subarna Shumsher had paved the way for the presidentship of B P Koirala, with himself assuming the post of treasurer. He knew that the leadership of Koirala would bring about a landslide victory in the general election. Similarly, Deuba had knocked the door of the Election Commission in 2002 claiming the NC's legitimacy. The commission had provided authenticity to the Girija Prasad Koirala-led Nepali Congress. Deuba ended up creating a new party – the Nepali Congress (Democratic) – which, however, merged with the mainstream Nepali Congress prior to the holding of the National Constituent Assembly election in 2008.
It is interesting that the order of the Supreme Court for a review of the NC dispute has coincided with the return of Deuba to Nepal on August 13. He has been in Hong Kong for the past five months for a health check-up after he was manhandled by an angry crowd in his residence on the second day of the Gen Z movement. The Deuba group is preparing to stage a three-day gathering of party members in Kathmandu on August 14. According to some political observers, they should have postponed such a meeting as the dispute is under review by the court. But their decision is likely to lead to a head-on collision between the two factions.
The Supreme Court should issue a quick verdict to resolve the NC dispute. It will provide an opportunity to rally around whichever faction is given legitimacy. If the Court upholds the verdict of the two-justice division bench of April 17, it will pave the way for the Thapa Group to go ahead with the organisation of the proposed General Convention in Ashwin. It can do so with the creation of a preparation and disciplinary committee involving representatives from both the groups.
If the court reverses its decision, the Deuba group will then be in charge. It also has to hold the General Convention on the same or some other date duly incorporating representatives of the Gagan group. It cannot ignore 54 per cent of the Special Convention participants and make a unilateral decision. Deuba can patch up the differences because of his fatherly figure in the party. The allegation of his involvement in the money laundering case can, however, act as a deterrent in this campaign. Moreover, Deuba's continued leadership ignores the Nepali Congress party's growing demand for a new generation at the top, especially after the Gen Z movement.
The induction of Shashanka Koirala can partly address this problem. It depends on how well he can steer the gathering underway towards the end of this month. But he has the advantage of being the son of B P Koirala who fathered the NC. This is the reason why the acting president, Purna Bahadur Khadka, made way for Shashanka.
But even Shashanka does not belong to the younger generation. The best option is then to give the opportunity to the likes of Min Biswokarma as chairperson of the Preparatory Committee of the General Convention. He is a former minister and the spokesperson of the NC. He is young and logical in thinking as well as in presentation. Moreover, he comes from the oppressed class. There are several such alternatives. The future will show how events unfold.