"Gagan-Vishwaprakash party's basis to be recognized by the Election Commission is weak"
Kathmandu. The legal basis for recognition by the Election Commission of the special convention called by the Gagan Thapa-Vishwa Prakash side in the internal dispute of the Nepali Congress is seen to be very weak. According to the party constitution, only the central working committee or the president has the right to call a special convention. The demand of the delegates or the signature of the majority does not automatically create the right to call the convention.
Therefore, unless the court or the commission proves the claim that the incident on 23-24th is the basis of a serious organizational crisis, the possibility of the special convention of the Gagan-Vishwaprakash side being considered valid is low. As per the practice of Election Commission in past precedents, convention or parallel structure without authority is not directly recognized. In the Girija Prasad Koirala-Sher Bahadur Deuba dispute or the UML's parallel committee dispute, the commission gave priority to fundamental rights and institutional continuity.
According to experts, even if the Gagan-Vishwaprakash parties go to court, their claims are more likely to be weak as the case centers on the same legal basis, right and statute. Meanwhile, it seems that the resolution of disputes within the party and the final decision will depend on the process of the Election Commission or the Supreme Court.
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