The faction led by outgoing Nepali Congress chief Sher Bahadur Deuba has challenged the Election Commission’s decision to recognise the new working committee elected through the special general convention at the Supreme Court.

In the writ petition, the faction has claimed that the decision is biased and was taken in violation of the existing legal provisions. The convention, attended by the majority of the convention representatives, on January 14, elected Gagan Thapa as party president. It was boycotted by the Deuba faction. Two days later, the commission, on Friday, recognised the Thapa-led team as the official amid strong reservations from the Deuba faction.

On Sunday, the faction moved the top court, claiming the special convention to be illegitimate. The petition says the grounds taken by the commission to validate the Thapa-led team are illegal and thus need to be revoked.

The commission has taken the following three grounds. First, the Congress statute allows 40 percent of general convention delegates to demand a special general convention, and the commission found that such a convention had been held as mandated.

The commission concluded that it was legitimate for the general secretary duo Thapa and Bishwa Prakash Sharma to call the special convention when the central working committee was reluctant to follow the mandatory provision in the party statute.

Second, the statute clearly establishes general convention delegates as the party's supreme authority, making their decisions binding.

Third, the commission noted that there was no recorded dissent over the demand for a special general convention, confirming that it was convened in line with the statute.

Even as the commission’s move has led to the split of the grand old party, the commission has said its decision doesn’t dwell on the party dispute.

“The application submitted for updating the party’s office bearers doesn’t involve dispute resolution,” reads the commission.

However, the writ petition has said the Political Parties Act is the primary law the commission can rely on to decide party legitimacy, and it does not recognise a special convention. Article 255 of the constitution envisions a general convention every five years and the central committee had already announced the convention for May. The petition has claimed that section 44 of the Act is invoked, which states that the faction holding a majority among the office-bearers and members of the Central Working Committee shall be recognised as the party as it existed prior to the dispute. The Deuba faction commands a majority in the committee.

“Issue a stay order to halt the execution of the commission’s decision,” reads the petition.

While filing the petition, the Deuba faction had demanded that the hearing should begin from Sunday itself. However, the court administration said that beginning the hearing on the same day would go against the court’s rules. The hearing has been slated to begin on Tuesday, which is also the nomination day for first-past-the-post candidates.

Right after filing the petition the Deuba faction has also filed an application at the commission demanding to halt the election programme for the March 5 polls.

It has demanded that the election programmes be suspended until the court order.

“As we have filed a writ petition at the Supreme Court against the Election Commission’s illegal, unconstitutional, unlawful and mala fide decision regarding the Nepali Congress party, we are informing the Election Commission—along with a copy of the petition—requesting that all election-related activities be suspended until the Supreme Court delivers its verdict,” said outgoing Congress’ publicity department chief Min Bishwakarma.

The application filed at the commission says that as the matter remains sub judice, we have submitted this application requesting that all election-related processes, including the nomination for the election of members of the House of Representatives scheduled for Tuesday, be suspended until the court gives its verdict.

The commission, however, said there are no possibilities of suspending the election programme. “We have neither decided to extend the nomination timeline, nor is there any chance for it,” said a commissioner. “The nominations must be done on Tuesday.”