The Supreme Court has refused to issue an interim order in the writ petition filed by Sher Bahadur Deuba and Purna Bahadur Khadka challenging the official recognition of the Nepali Congress leadership.
A single bench led by Justice Sunil Kumar Pokharel on Tuesday issued an order to show cause to the Election Commission and other respondents instead of granting an interim order.
The bench noted that the issues raised in the petition involve complex and serious constitutional and legal questions that cannot be resolved through an interim order. These matters must be examined during the final hearing.
The petition questioned the legality of convening the party’s special general convention, interpretation of party bylaws, and whether the Election Commission’s update on party details under Sections 48 and 51 of the Political Parties Act, 2073, was lawful. It also raised the constitutional question of whether internal party disputes can halt the House of Representatives election process.
The court stated that questions regarding the legality of the special convention, the general secretary’s authority to convene it, and the extent of the Supreme Court’s extraordinary jurisdiction over the Election Commission’s decision are suitable for determination only during the final hearing. For these reasons, the bench held that there is no need for an interim order to suspend the Election Commission’s decision, halt the nomination process, or delay election-related procedures.
However, given the serious public interest involved, the Supreme Court ordered that the case be prioritized for final hearing within 15 days of receiving written responses or the expiration of the response period.
Deuba and Khadka had filed the writ seeking to nullify the Election Commission’s decision recognizing the Gagan Thapa-led faction as the official leadership of the Nepali Congress.
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