Kathmandu November 9 :  While more than a dozen Communist parties are already registered with the Election Commission, two more parties with similar names are preparing to be added to the list. Recently, two new Communist parties, the Nepali Communist Party and the Communist Party Nepal, are in the process of registering with the Commission. Among the 125 parties already registered with the Commission, the word ‘Communist’ is included in the names of 14 of them.

Despite having the same core political ideology and philosophy, there appears to be a competition to distinguish themselves from others by merely adding the ‘Communist’ tag to their names. Some have tried to differentiate themselves by including ‘Marxist-Leninist,’ while others have simply used ‘Marxist.’

Pushpa Lal Shrestha first established the Communist Party in Nepal in 1949 (2006 BS). He was also its founding General Secretary. However, since then, the party has continuously split and reunited, and new parties bearing the Communist name have continued to emerge. Most recently, Netra Bikram Chand applied to the Election Commission for registration under the name ‘Communist Party Nepal.’ As the Nepal Communist Party led by Rishi Kattel was already registered, Chand placed the word ‘Nepal’ at the end to make his party’s name appear different. Similarly, parties including the Maoist Center and the Unified Socialist have named their new unified party the ‘Nepali Communist Party,’ which is also quite similar. When questioned about the similar name, leader Barshaman Pun claimed the name was selected in consultation with the Commission. However, one commissioner denies that the Commission offered any advice or suggestions on the matter.

The Supreme Court’s order in the NCP dispute stated: ‘It is not permissible to make any decision or grant permission for any action that goes against what the law explicitly prohibits. Whatever the law directly states cannot be done, cannot be done indirectly either.’

Seven years ago, following the unification of the UML and the Maoist Center, the new party was named ‘Nepal Communist Party (NCP).’ To differentiate it from Kattel’s party, the bracketed acronym ‘NCP’ was added, and the new party was registered on May 23, 2018 (Jestha 23, 2075 BS). Subsequently, Kattel appealed to the Supreme Court against the Commission’s decision, claiming the name was identical to his party’s. The Supreme Court ruled that another party with an identical name could not be registered when the Nepal Communist Party, led by Kattel, was already registered. The bench of Justices Bam Kumar Shrestha and Kumar Regmi held that there was no substantive difference in the pronunciation of the letters and the meaning they convey, thus concluding they could not be considered distinct. This Supreme Court decision ultimately nullified the unity between the UML and the Maoist Center.

Section 6(1)(e) of the Political Parties Act stipulates that a party shall not be registered if its name or election symbol is identical to the name or symbol of a party already registered with the Commission. Based on this, the Supreme Court had stated, ‘There was no substantive difference observed in the pronunciation of the letters and the meaning conveyed after expression. Whether or not a difference is felt is the crucial thing, and upon examination, the names were found to be similar, not different. It is not permissible to make any decision or grant permission for any action that goes against what the law explicitly prohibits. Whatever the law directly states cannot be done, cannot be done indirectly either.’

Legal Provision of Section 6(1)(e) of the Political Parties Act, 2073 (2016 AD): ‘A party shall not be registered if its name or symbol is identical to the name or symbol of a party already registered with the Commission.’

Even after the Supreme Court’s verdict, the trend of registering parties with only minor alterations or additions to the name has not stopped. Political analyst Khagendra Prasai suggests that parties do not want to abandon the term ‘Communist’ because of its popularity in Nepal. “Those who separated or split from the Communist Party and distanced themselves from the word ‘Communist’ have not been particularly approved by the public,” he says. “It seems parties wish to keep the word ‘Communist’ in their names to attract public votes.”

Even after the Supreme Court’s order, the Commission’s lack of strictness has not halted the registration of parties with similar names. When Chand-led party leaders visited the Commission to apply for new party registration, staff read the Supreme Court’s verdict aloud to warn them about the similarity in names. However, the leaders insisted the name was different. An officer from the Political Parties Division stated that those who come to register parties by rearranging letters or placing words front or back often refuse suggestions to amend the name. “We complete all registration processes and propose it to the Commission,” he said. “The final decision on this is taken by the Commission itself.” The Commission refers to the meeting of the Chief Commissioner and Commissioners. Commission Spokesperson Narayan Prasad Bhattarai states that decisions regarding party registration are made in accordance with the prevailing law and established norms.

Communist Ideology Parties Registered with the Commission and their Chief Office Bearers:

Other Communist Parties:

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Communist-named Parties that have Applied for Registration with the Commission: