Article 125 (a): HC asks why provision on constituency boundaries can't be challenged in court
The court has asked the cabinet secretary, the secretary of the election commission, and the legislative secretary, among others, to respond within 10 days
The High Court today (16 September) issued a rule seeking explanation on why the provision, Article 125(a) on constituency boundaries, should not be declared conflicting with the Constitution.
The court also asked why directives should not be issued to restore four parliamentary seats in Bagerhat and one in Faridpur.
A bench of Justice Md Mojibur Rahman Mia and Justice Biswajit Debnath passed the order, following hearings on two separate writ petitions.
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The court has asked the cabinet secretary, the secretary of the election commission, and the legislative secretary, among others, to respond within 10 days, according to court sources.
Article 125(a) of the Constitution states, "the validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purporting to be made under article 124, shall not be called in question in any court."
Senior lawyer Zakir Hossain appeared on behalf of the petitioners challenging the Bagerhat seat reduction.
He said the court sought clarification on why the four parliamentary seats in Bagerhat should not be maintained and why the Election Commission's gazette reducing the seats from four to three should not be declared illegal.
The petitions were lodged by Bagerhat Press Club, Bagerhat District Bar Association, district BNP, district Jamaat-e-Islami, district Islami Andolon Bangladesh, and Bagerhat District Truck Owners' Association.
The government, the chief election commissioner, the EC secretary, and the attorney general were made respondents.
Another writ petition challenged the changes in Faridpur-4 by lawyer Humayun Kabir Pallab.
He said the court issued rule asking why the gazette merging Algi and Hamirdi unions of Faridpur-4 (Bhanga, Sadarpur, and Charbhadrason) with Faridpur-2 (Nagar Khanda and Saltha) should not be declared illegal.
The EC had issued the final gazette on 4 September, redefining the boundaries of all 300 parliamentary constituencies, including the changes in Faridpur-4.
