July 07, Kathmandu.
A 'vertical' petition has been filed with the Election Commission demanding revocation of the party registration of the CPN-Maoist Center. Leaders of the former Maoist group led by Ram Bahadur Thapa 'Badal', who has already joined the CPN-UML, reached the commission on Wednesday and submitted a tender for the abolition of the Maoist centre through advocate Saroj Budhathoki.
On 23 February 2077, when the Supreme Court revoked the unity of the former Communist Party of Nepal (CPN) and revived both parties, the group turned to the UML.
After the UCPN (M) took action against the UML for entering the party, four members of the House of Representatives, two members of the National Assembly and four members of the State Assembly lost their posts. Some local people's representatives who were relieved of their posts due to the action taken by the Maoist centre have been reinstated by an interim order of the Supreme Court.
The same group has put forward two arguments while demanding the cancellation of party registration of the Maoist centre.
First, the Maoist centre has not held a general convention since 2069 BS.
The then UCPN (Maoist) led by Pushpa Kamal Dahal Prachanda had held its seventh general convention in Hetauda, Makwanpur from January 7 to 8.
The same General Convention formed a 101-member Central Committee and made provision in the Legislature to convene the Central General Convention in five years and to extend it for two years in special circumstances. He has not held a general convention since then.
But it has united with different parties. On 6 June 2073, the party was renamed the CPN-Maoist Center. Saying that the same unity general convention was held, he sent the details on 24 November 2073, which was found to have been recognized by the Election Commission on 30 December 2073.
According to the decision of the Commission, the Unified Communist Party of Nepal (Maoist), Communist Party of Nepal-Maoist, Nepal Gauravshali Party and other political parties and constituents not registered with the Commission have joined hands to form the 'Communist Party of Nepal-Maoist Center'. Registered accordingly. '
The last time the CPN (UML) merged with the CPN (UML) was on 3 June 2075 BS. The Maoist centre has revived after the CPN (Maoist) dissolved the unity by the order of the Supreme Court on 23 February 2077 BS.
However, the petitioners have claimed that the UCPN (M) has been evading the convention in the name of unity.
Regarding the unity with various constituents on 6 June 2073, the petition states, “This is not a new party. This is just a drama to deceive the Election Commission, to violate the constitution and the law.
At that time, the commission registered the party without the list of the Central Committee, so they demanded that Badar should be.
According to Article 269 of the constitution, every political party is required to elect its office bearers within five years, but the Maoist centre has not done so.
Stating that Prachanda has used the Maoist centre as a private company to violate the constitution, party constitution and political party act, he said, there are. '
Claim to be an independent MP
Members of the House of Representatives Top Bahadur Rayamajhi, Lekhraj Bhatt, Prabhu Sah and Gauri Shankar Chaudhary, members of the National Assembly Badal, Ram Chandra Mandal, Jwalakumari Sah, Kundan Prasad Kushwaha and Mohammad Sameer were relieved of their posts.
Even after losing his parliamentary seat, Prime Minister KP Sharma Oli appointed seven members of the former Maoist group as ministers. But after the Supreme Court issued an interim order barring non-parliamentarians from being made ministers again, they became neither MPs nor ministers.
After the dissolution of the House of Representatives at midnight on May 22, Prime Minister Oli had appointed Badal's wife Nanakala Thapa and former state assembly member Jwala Kumari Sah from the former Maoist camp as ministers. He was also relieved of his post by a court order.
This group, which has been silent since then, has gone to the Election Commission saying that the Maoist centre is illegal, assuming that they will be able to be independent MPs when the parliament is restored by the Supreme Court. Leader Ram Chandra Mandal says that the decision to dismiss them would be invalidated if the Maoist centre is declared illegal.
"How can the action was taken by a party be legal when it is illegal?" Talking to reporters at the Election Commission premises, the leader said, "It was meant that we would remain as independent parliamentarians after the dissolution of the Supreme Court, but we have come here because of the action taken away from our posts."
Claiming that if the Election Commission revokes the party registration of the Maoist centre as per its demand, the elected parliamentarians from the party will remain as independent parliamentarians, he said. However, if our demands are met here and there, then the action taken in the name of the Maoist centre will be annulled and we will get the status of an independent MP.
Another former Maoist leader, Lil Bahadur Thapa, who reached the Election Commission, claimed that the action taken by the illegal party could not be recognized.
'This is not a subject worth commenting on
Leaders of the Maoist centre, however, said that the petition received by the commission was not worth commenting on.
Stating that the party was united at different stages after the Hetauda General Convention and the last time the Maoist centre was revived as per the order of the Supreme Court, leader Leela Mani Pokhrel said, To file a case saying that the party is illegal now that he has been removed from the ministry? '
"Taking responsibility in the UML committee, and calling the Maoist centre illegal?" He said earlier, 'What to comment? This is not a subject to be commented on. '
Recalling that the commission has now reached to see which party I belong to, Pokharel said that the Maoist centre had been declared illegal before. The Election Commission had returned the ticket saying, "It is legal to be a minister after winning the election by giving the ticket, but now it cannot be said to be illegal."
What does the commission say?
According to an election commissioner, this is the first time such a petition has been filed seeking revocation of the party's registration. Therefore, it is not possible to say what will happen without further study.
But the fact that the Maoists registered with the commission as the central party during the election cannot be forgotten. But a commissioner said the parties had also given a positive message that they should be organized. "Nothing more can be said now," he said.
Commission spokesperson Raj Kumar Shrestha said that the commission would study the request. "The secretariat conducts a study and takes the opinion to a meeting with the chief commissioner and the commission decides accordingly," Shrestha told Online Khabar.
Trying to bring a storm to a cup of tea!
According to former election commissioners, the petition filed by the leader of one party seeking de-registration of the other party is interesting in itself. Never before had such a request been made. But now that the application has been received, it is not possible to cancel the registration. That is, it is like trying to bring a storm to a cup of tea.
Pre-Election Commissioner Dolakha Bahadur Gurung also said that it was not easy to cancel the party registration. According to him, every party should hold a general convention on time. If a new party is formed by uniting with another party, the general convention should be held in five years.
In the case of the UCPN (M) centre, we have to look at the fact that it was united with other parties in 2073 BS, recognized by the Election Commission, reunited with UML in 2075 BS and dissolved in 2077 BS.
"In this way, the commission has broken your unity. Now it can say to hold a general convention within such a short period of time," he said. Instead, looking at 2073, it can be said that the general convention should be held within this time, otherwise it may be scrapped.
Former Commissioner Gurung says that before cancelling the registration of any party, one has to complete the steps of asking for an explanation, submitting an explanation, giving a warning and other steps.
