Senior leaders of the Sher Bahadur Deuba-led faction of the Nepali Congress (NC) officially moved the Supreme Court on Sunday(Jan 18, 2026), filing a writ petition to challenge the Election Commission’s (EC) recent decision regarding the party’s official authority.
The legal challenge follows the EC’s Friday ruling, which granted legitimacy to the committee elected by a “special general convention” led by Gagan Thapa. The Deuba camp has requested the court to issue a writ of certiorari to nullify that decision.
The Legal Challenge
The petition was registered by the faction’s acting president, Purna Bahadur Khadka, and spokesperson Prakash Sharan Mahat, along with other senior leaders. The application argues that the Election Commission’s decision is legally and constitutionally flawed on the following grounds:
- Statutory Violation: The leaders claim the EC disregarded the Nepali Congress Party Statute, which they argue does not recognize the validity of the special convention used to elect the rival leadership.
- Constitutional Breach: The petition asserts that the ruling infringes upon the constitutional rights of a political party to function according to its established internal procedures.
- Procedural Errors: They contend the EC overstepped its jurisdiction by validating a leadership change that occurred without the approval of the party’s existing Central Working Committee.
Demands for Rejection
The Deuba-led group has demanded that the Supreme Court immediately stay the implementation of the EC’s decision and ultimately reject it. They argue that the current leadership elected during the 14th General Convention should remain the only recognized authority of the party.
Outside the court, spokesperson Prakash Sharan Mahat stated that the move is essential to “protect the party’s legal integrity” and ensure that “constitutional bodies do not interfere in the internal mandates of political organizations.”
“We have sought justice from the Supreme Court to rectify a decision that we believe was made in haste and in total disregard of our party’s governing laws,” Mahat said.
The Supreme Court is expected to conduct a preliminary hearing on the petition shortly to decide whether to issue an interim order.
