It’s been 10 days since Upendra Yadav got reelected Janata Samajbadi Party-Nepal (JSP-Nepal) chair unopposed from the party’s general convention held in Janakpur.

Nearly two weeks since the inauguration of the convention and the election of the party chairman, the JSP-Nepal, however, hasn’t elected any other office bearers and central committee members so far.

Incumbent chief Yadav was declared the party chair unopposed after no one threw their hat in the ring.

After Yadav’s reelection on June 12, the process to elect the office-bearers and central committee members, scheduled for June 13, was halted saying that all other leaders would be chosen in consensus.

Before the party decided to halt the election process, 23 candidates—17 men and six women—had filed their candidacies for the five positions of vice chairpersons; six candidates were vying for two posts of general secretary. Twelve aspirants—nine men and three women—filed their candidacies for the three posts of deputy general secretary.

Besides, three leaders were in the fray for a treasurer position; and 34 leaders had filed their candidacies for seven positions of secretary.

To the question of whether the leaders had deferred the election finding it difficult to pick individuals for available positions, party insiders gave multiple answers.

A leader linked the leadership election deferral to the party split in the first week of May.

A group of JSP-Nepal leaders split the party and formed the Janata Samajbadi Party under the leadership of Ashok Rai. The Election Commission registered the new outfit on May 6.

The JSP-Nepal led by Yadav on May 13 moved the Supreme Court, accusing the commission of recognising its splinter group as a party without the legal basis.

Yadav, in his petition, claimed that the commission had registered the party even without the required 40 percent central members on its side. The top court has ordered the relevant authorities to stall the process until the verdict and the case is still sub judice.

The uncertainty prevents the newly formed Rai-led party from expediting its activities in a formal way. Seven of the 12 JSP-Nepal lawmakers in the federal parliament and 30 of the 406 party central committee members are with Rai.

The new outfit’s plan to build its organisation at the provincial and local levels is in limbo due to the delayed court process.

Leaders from the new party claimed that a large number of leaders and cadres are waiting to join the new organisation. Moreover, they are planning to embrace those aspirants of top positions when they are denied posts in central bodies.

Observers of Madhesh politics claimed that the JSP-Nepal was unable to complete its election process with the splinter faction eying to lure its members.

However, Manish Kumar Suman, one of the aspirants for general secretary in the JSP-Nepal, denied it. He claimed that the stalled general convention process, including the selection of leaders for office bearers positions, would be completed within a week.

“As per the election commission deadline, we have to complete the whole general convention process within 35 days,” Suman told the Post. “We will complete the process before the timeframe.”

Some political observers say the JSP-Nepal went for the general convention only out of the constitutional compulsion. If the party really wanted to follow the democratic process, it should have allowed the election process to go forward.

Article 269 (4) (B) of the constitution mandates the political parties to hold the general convention at least once in five years.

“Upendra Yadav has made himself the JSP-Nepal patron,” Shiva Chandra Chaudhary, a Madhesh political observer, told the Post. “He can select leaders loyal to him, having been reelected the party chairman. So he stalled the democratic process.”

On the other hand, the new outfit—Janata Samajbadi Party—too has failed to give momentum to the party building process in the six weeks since its inception.

The new outfit has gained prominence apparently with the support of the ruling coalition. The Election Commission swiftly registered the new party on May 6 with the name similar to the mother party despite legal ambiguities in the process.

The JSP joined the ruling coalition immediately after its formation and supported the Pushpa Kamal Dahal-led government. The Rai-led party has been given a Cabinet minister and a state minister.

On Saturday, when the Cabinet made recommendations for ambassadors to eight countries, two nominations went to the new outfit’s supporters. Ambassadors for Saudi Arabia and Spain were appointed in the JSP quotas.

Days after the JSP-Nepal withdrew its support to the government, the Rai-led JSP gave its trust vote to Dahal and it supported the government in its policies and programmes.

Lawmaker Sushila Shrestha of the JSP tried to downplay the difficulties saying that they were carrying out the party’s activities quietly.

“We are engaged in several activities to strengthen the newly formed party, but we are not visible in the media,” Shrestha claimed. “Next Saturday and Sunday, our party’s central committee is meeting.”

Shrestha claimed that her party is stronger than the JSP-Nepal in the provinces except for Madhesh. “We have been holding the meetings of provincial committees and are working to make our presence felt in Madhesh Province too.”

Though Shrestha claims there are a number of activities within the party, political observers believe that its activities are stagnant due to the case sub judice in the court.

“A writ petition in the Supreme Court related to the party split has stalled the new party formation,” Tula Narayan Shah, a political analyst, told the Post.

Yadav has claimed the commission registered the party despite its failure to fulfil the required 40 percent support of central members for a party split. JSP-Nepal had 406 central committee members at the time of the party split, but the splinter group only had 30 central members with it.

The newly formed JSP was registered amid a legal void as the Political Parties Act 2017 was replaced by an ordinance but not revived afterwards.

According to the Act, a group of dissidents can split a party and form a new one if they can prove the support of at least 40 percent of the central committee members and at least 40 percent of the party’s lawmakers.

However, this provision was nullified through an ordinance three years ago, leaving no legal basis for a party split.

On June 9, the Supreme Court referred the dispute related to the party to the full bench.