Nepali Congress VP sees little chance of court halting party convention

Nepali Congress Vice President Bishwa Prakash Sharma has expressed strong doubts about the Supreme Court issuing an interim order to halt the party's ongoing 15th general convention. Sharma outlined four key arguments in a video message, aiming to reassure party members concerned by a petition filed at the Supreme Court.

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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.

Firstly, Sharma pointed out that the date for the general convention has not been definitively fixed following a Supreme Court decision to grant leave for a review. He noted that the convention date was established by a Central Working Committee meeting on March 25, after the March 5 election, and was also referenced in the court's April 17 ruling.

Secondly, Sharma differentiated between the act of filing a writ petition or a supplementary petition and the subsequent granting of an interim order. He stressed that simply having a case under review does not automatically guarantee an interim order. The court must carefully consider the grounds presented for such an order.

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Being in case review is one thing, while getting an interim order sought in the petition is another. The court will have to consider whether simply having a case under review provides sufficient grounds for an interim order.

Sharma's third argument focused on the court's need to balance the rights of dissenting leaders to participate in the convention while adhering to its previous directives. He also mentioned that the scheduled ward-level conventions were already postponed by 22 days, offering a window for dialogue and consensus-building. Therefore, he concluded, there is no situation necessitating an interim order due to irreparable loss.

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Therefore, there is absolutely no situation where an interim order must be issued because someone is facing irreparable loss.

Finally, Sharma emphasized the strict constitutional and legal deadlines for the party's organizational terms. He stated that the terms for the Central Working Committee and all other party committees will expire by December. Neither the party statute nor the Constitution permits any extension beyond this point, even an additional six months, unless explicitly provided for and communicated to the Election Commission under exceptional circumstances as per the Political Parties Act.

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Beyond that, neither the party statute nor the Constitution allows us to extend the term even by a single day.