KATHMANDU, Dec 3: Legal experts have told Nepali Congress (NC) General Secretaries Gagan Kumar Thapa and Bishwa Prakash Sharma that the party leadership has no authority to invalidate a demand for a special general convention once it is backed by a majority of the party’s general convention delegates.
The view was expressed during a consultation meeting convened on Saturday by the two general secretaries with legal experts. Participants stressed that disregarding such a demand would violate both the party statute and the laws governing political parties.
Legal experts back NC General Secretaries on mandatory Special...
“If this is not done, it amounts to non-compliance with the Constitution and prevailing laws, and those responsible must be prepared to face the consequences,” the experts said. “No individual has the authority to nullify the legitimacy of a special convention demanded by the majority of the delegates who elected them.”
They argued that Article 17(2) of the party statute clearly outlines the procedure for convening a special general convention, including provisions stating that the agenda of such a convention shall be based on the reasons and proposals submitted through an application signed by at least 40 per cent of party cadres.
The legal experts were unanimous that once a majority of general convention delegates submit a formal demand, the party centre is obligated to convene a special convention. They defined the “centre” as comprising both the Central Working Committee and the central office.
“If the Central Working Committee fails to convene the convention, there are two alternative mechanisms,” they said. “First, the central office, through the general secretaries, can convene it on behalf of the centre. Second, the delegates who demanded the special convention can convene it themselves.”
Citing the party statute, the experts noted that even if the party centre does not consider a special convention necessary, it can still be convened at the initiative of convention delegates once the required threshold is met. They added that any decision endorsed by 51 per cent of delegates at such a convention would be legally valid.
