Election Commission gives a historic ruling amidst NCP tug-of-war

KATHMANDU: The Election Commission has created an unprecedented scenario by snubbing the two warring factions of the Nepal Communist Party  (NCP) and not granting them recognition.

It is a bold and decisive stand in Nepal’s political turmoil where a constitutional body has shown its unwavering commitment to its duties instead of demonstrating personal allegiance to anyone.

A meeting of the EC held on Sunday deliberated in-depth and concluded by rejecting the claim of both sides.

This came after both sides — Prachanda-Nepal  and the KP Oli-led groups — filed petitions with the Election Commission claiming to be official.

EC Spokesperson Raj Kumar Shrestha, said that the decision was taken after examining contesting claims made by the rival sides.

WHEN TWO OF A KIND – SEEM TO MIND, EC SHOWS THEM THE MIRROR

The EC said it would solely recognize the 441-member central committee chaired by KP Oli and Pushpa Kamal Dahal “Prachanda”.

The EC has recognized the united party – the Nepal Communist Party — registered with it having KP Oli and Pushpa Kamal Dahal as two chairmen.

The EC has also said it would not accept the decision of the Prachanda-Nepal faction to oust KP Oli from the general membership, and the decision to make Madhav Kumar Nepal the chairman of the party.

With this decision, the NCP factions have to register a new party with the Election Commission to go to the general elections.

The EC had earlier said it would conduct an investigation to verify claims made by both the factions of the Nepal Communist Party before granting official recognition to one of the two factions.

The NCP which split politically after the dissolution of the House of Representatives on December 20 is still seen as a single party by the EC. This brings an interesting twist to the ongoing legal battle as well as the infighting in the NCP.

RULES ARE RULES – EC GOING BY THE BOOK

An official at the commission said that the decision was taken as per Clause 25 (6) of Political Parties Act-2017, which states that the commission would recognise the existing details of the party if it is not satisfied with details submitted by the factions.

As per Section 51 of the Political Parties Act-2017, a party needs to apply at the commission to update details if the party’s name, statute, regulation, stamp, flag and officer-bearers are changed or amended.

Only if the commission is satisfied with the submitted details does it recognise and update the changes that it has been notified of. If not, as per Clause 25 (6) of the Political Parties Regulations, the commission will recognise the existing details of the party.