Special General Convention Is Legal, Affirms Nepali Congress Vice President Bishwaprakar Sharma

April 17, Kathmandu – The hearing on the writ petition concerning the official status dispute of the Nepali Congress has concluded. The case was heard by a bench of Supreme Court Justices Sharanga Subedi and Nripdhwaj Niraula. On Friday, lawyers representing both the petitioner and respondent sides presented their arguments, with Congress Vice President Bishwaprakar Sharma delivering the final address on behalf of the opposition.

During the hearing, Sharma affirmed the legitimacy of the special general convention. He stated, “According to Article 17(2) of the Congress constitution, a special general convention is convened on written request submitted to the central committee citing reasons, which include leadership change and election. Therefore, electing leadership through a special general convention is entirely legitimate. The convention delegates retain the sovereign authority of the party. They are the creators of the central committee and the general assembly; just as they establish leadership, they have the power to change it.”

He supported the Election Commission’s decision to recognize the committee elected by the special general convention and requested the dismissal of the writ filed by the then acting president, Purnabahadur Khadka, and others. “We respectfully urge the dismissal of the writ so that we can move forward together with senior party members,” he said in court.

What Did Bishwaprakar Say in the Court?

1) The relevance of the special general convention will remain unaffected by the announcement of the regular general convention. This was a necessary measure.

I wish to present a precedent set by the Supreme Court on Magh 21, 2007 BS. In Poush 2007 BS, the Supreme Court deliberated on a significant case where the king had sought the court’s advice.
The primary questions were:

• Whether the House of Representatives can be dissolved based on the Prime Minister’s recommendation as per Article 53, Subsection 4 of the then Constitution.
• Or whether the House should be convened upon a written request from 96 members as per Article 53, Subsection 3?
(After extensive debate, the court advised that the call for convening the assembly upon written request cannot be rendered meaningless for any reason.)
Based on that precedent, the written request by the Nepali Congress general convention delegates must be acknowledged and considered.

2) Once a landowner is present, the official heir’s rights cease. The dissolution of parliament following the people’s insurgency during the civil war was because citizens rebelled to prevent official heirs from becoming MPs. A similar scenario unfolded in Congress. The special general convention was a rebellion by the convention delegates, but it was also a responsibility taken on by the then General Secretary Gagan Thapa and myself.

3) Can a special general convention elect leadership?
* According to Article 17(2) of the Congress constitution, leadership change and selection fall within the reasons cited in the written request submitted to the central committee, making the leadership election through a special general convention fully legitimate.
* The general convention delegates possess the party’s sovereign rights. They are the creators of the central committee and the general assembly – able to both appoint and replace leadership.

4) This is not a dispute under Section 44. This is an interim process under Section 51 of the Political Parties Act. Therefore, the Election Commission’s decision is both constitutional and in full compliance with party rules.

5) Within any party, a principal party member ranks higher than a leader – this is the essence of democratic consciousness, power, and beauty. The message of the Nepali Congress special general convention embodies this principle. It should inspire transformation in all parties and the broader political landscape.

6) Situations have changed since the special general convention.

* Five days after the removal of Gagan Thapa and Bishwaprakar Sharma from general membership, candidates opposing the special general convention were nominated on Falgun 21 without any resentment.
* The Nepali Congress is now moving forward to hold a regular general convention by Ashwin. We will advance together with respected senior leaders who have been part of politics as long as Gagan Thapa and myself. This is both our responsibility and duty.
* Hence, I urge the dismissal of the writ and the facilitation of the Congress’s progress.