CPN (Maoist Center) has been advised by legal experts to seek review of the Supreme Court (SC) verdict of March 7 that invalidated the party's unification with CPN-UML.
Chief Whip of the party Dev Gurung told Setopati that legal experts during the discussion with the party's standing committee members at the Singha Durbar on Tuesday have advised so. "We are positive about seeking review of the SC verdict on the dispute about the name of CPN," Gurung stated. "Legal professionals today have advised us to seek review."
Legal experts including Shambhu Thapa, Chandeshwore Shrestha, Ram Narayan Bidari and Mukti Pradhan had taken part in the discussion. They advised the party to immediately seek review pointing that such review has to be sought within 60 days of the verdict.
The SC on March 7 had ruled that Communist Party of Nepal belongs to Rishiram Kattel in the case related to dispute about the name of CPN.
The joint bench of Justices Bam Kumar Shrestha and Kumar Regmi had issued Kattel's writ meaning the demand of petitioner was granted.
The Apex Court went further and invalidated the unification of the then CPN-UML and CPN (Maoist) Center reinstating the two parties to their status on the day of unification.
The joint bench on February 25 had completed hearing on the petition by Kattel who argued that the party formed after unification of the then CPN-UML and CPN (Maoist) Center cannot be called Communist Party of Nepal as the party is registered with the Election Commission in his name.
The name Communist Party of Nepal, that UML and the Maoists chose after unification, was found already registered with the Election Commission. The Election Commission had then registered the unified ruling party as Communist Party of Nepal (CPN).
Kattel had first complained with the Election Commission and then moved the SC in December 2018 against the decision.
The Communist Party of Nepal registered with Kattel as chairman had even contested the last general election with hammer and spade as the election symbol. The party had also contested the last local election before the general election.
The name has been registered with the Election Commission for three decades.
The group of erstwhile Maoists led by Netra Bikram Chand also uses the name for its party.
Clause 6(e) of the Act about political parties prohibits registration of any party with the Election Commission if the name or election symbol matches with a party already registered with the Election Commission.
