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CPN’s registration challenged for not inducting 33% women in CC
By A Staff Reporter
Kathmandu, June 16:
A writ petition has been filed at the Supreme Court against the Election Commission (EC) demanding the registration of the Communist Party of Nepal (CPN) be scrapped.
A group of advocates on Thursday filed the petition at the apex court reasoning that the CPN ignored the mandatory legal provision of 33 per cent women’s representation, which, they said, was against the Constitution.
Senior advocate Surendra Bhandari, advocate Indu Tuladhar and 14 others filed the writ petition demanding that the SC should cancel the registration of the CPN at the Election Commission. The Election Commission and the CPN have been named as defendants in the petition.
The EC had registered the CPN on June 6 without fulfilling the provision of 33 per cent women’s representation in its central committee.
The petitioners have claimed that the decision of the EC to register the party without fulfilling the mandatory provision is against the constitution and provision of the Political Party Registration Act.
The petitioners have demanded with the SC to issue a mandamus against the EC to scrap the registration of the party and follow the provision of the Political Party Registration Act while registering a new political party, ensuring 33 per cent women’s participation and proportional participation of women at all levels of the political parties.
They have also demanded that the SC issue a mandamus order to all the parties to renew their registration as per the aspirations of the Constitution and meet all the legal provisions.
It is stated in the petition that despite the clear provision, the registration of the CPN was made on the basis of the interim statute, which is against the Constitution and law. Therefore, the party, which is registered against the Constitution and law, cannot get legal recognition.
It is mentioned in the Political Party Registration Act that the political parties should ensure 33 per cent women’s participation in all levels and committees of the party.
The petition also stated that no political party is above the Constitution. If the largest people-elected political party of the country does not obey the law, then this will promote institutionalisation of a bad political culture, dangerous social behaviour, thoughts and philosophy based on authoritarian philosophy.
Article 15(4) of the Political Party Act, 2074, has a provision that the organisational structure of the political parties must have at least one third of women members.
As per this provision, the 441-member committee of CPN must have 145 women members. However, it has only 75 women in its central committee, which is only 17 per cent.