HC scraps petition challenging Article 70, presidential election schedule
Court dismisses the plea seeking stay on presidential election process.
The High Court (HC) has rejected a writ petition challenging the constitutional validity of Article 70 and seeking a stay on the Election Commission's schedule for the presidential election.
A High Court bench comprising Justice Khizir Ahmed Chowdhury and Justice AFM Saiful Karim passed the order today (18 August).
Attorney General Md Ruhul Quddus Kazal represented the state during the hearing, while Advocate Md Yunus Ali Akand appeared for the petitioner.
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Yunus Ali Akand filed the writ petition on 13 August.
Article 70 of the Constitution states that if a person is elected to Parliament as a candidate nominated by a political party and later resigns from that party or votes against it in Parliament, their parliamentary seat will become vacant.
The lawyer argued that Article 70 prevents lawmakers from voting independently and undermines their democratic rights.
The writ petition also challenged the legality of the Election Commission's schedule announced on 6 August for the presidential election.
The petition sought a rule asking why Article 70 should not be declared inconsistent with the Constitution and why the election schedule should not be declared to have been issued without lawful authority.
It also sought a stay on activities under the presidential election schedule pending disposal of the rule.
Speaking to the media later, Yunus Ali Akand said Article 70 was inconsistent with the Constitution and the spirit of democracy.
"Under Article 70, a lawmaker loses their seat if they vote against their party. This means MPs do not have independence," he said.
He said the presidential election schedule had also been challenged because the election would be meaningless if Article 70 remained in force.
"There is no need for an election because the BNP has a more than two-thirds majority," he added.
