Election Law Case: Mangol National Organisation v. Election Commission, NKP: 2052, Volume: 3, No.1, P.19, DN: 5030
Case: Mandamus, Certiorari and other appropriate orders
Petitioner: Gopal Gurung, President of Mangol National Organisation
Respondents: Election Commission and Others
Decision Number: 5030
This case concerned the registration of the Mongol National Organisation as a political party for election purposes.
Facts of the Case:
Gopal Gurung, President of the Mongol National Organisation, applied to the Election Commission on 2047/10/08 to register his organisation as a political party for election purposes. Along with the application, he submitted the organisation’s constitution and manifesto.
The Election Commission asked Gurung to clarify certain provisions of the organisation’s constitution. After receiving his clarification, the Commission decided on 2047/11/03 not to register the Mongol National Organisation. Gurung was informed about the decision on 2047/11/05.
The Election Commission stated that the organisation’s name, objectives and flag were inconsistent with Article 113(3) of the Constitution of 2047. It also stated that the organisation could not be registered under Section 17(2) of the House of Representatives Election Act, 2047. According to the Commission, some of the organisation’s objectives appeared to distinguish between Nepalese citizens based on their ancestry. The Commission considered that such objectives could create division among Nepalese citizens.
Gopal Gurung challenged the Election Commission’s decision before the Supreme Court. He requested the Court to quash the Commission’s decision and order the Commission to register the Mongol National Organisation as a political party. He also requested an interim order to stop the upcoming election until the Supreme Court finally decided the writ petition.
Legal Issues:
- Whether the Election Commission’s decision not to register the Mongol National Organisation was constitutional and lawful.
- Whether refusal to register the organisation violated the constitutional freedom to form political organisations and parties.
- Whether a political organisation based on religion, caste, race, language or similar communal considerations could be registered for election purposes.
- Whether the name, objectives and flag of the Mongol National Organisation were contrary to Article 113(3) of the Constitution of Nepal, 2047.
- Whether the applicant’s constitutional or legal rights had been violated by the Election Commission’s refusal to register the organisation.
Decision of the Court:
Supreme Court:
The Supreme Court dismissed the writ petition. It held that although citizens have the constitutional freedom to form political organisations or parties, such freedom is not absolute.
A political party seeking registration must comply with the constitutional and legal requirements. Since the Mongol National Organisation’s objectives, name and flag were found to have a communal and divisive character and were inconsistent with Article 113(3) of the Constitution of Nepal, 2047, the Election Commission was justified in refusing its registration.
Therefore, the refusal to register the organisation did not violate the applicant’s constitutional or legal rights, and the writ petition was dismissed.
Principle Established:
The right to form a political party is subject to constitutional limitations. A political organisation whose membership, name, objectives, symbol or flag is discriminatory, communal or likely to promote division among citizens cannot claim registration for election purposes, and the Election Commission may lawfully refuse its registration.
