Writ petition filed challenging referendum validity, seeks result annulment
According to the Election Commission’s data and a government gazette, in the referendum, 4,82,00,660 votes for "Yes" were cast in favour of the constitutional reform proposals, clearing the path to formally implement the July Charter
A writ petition has been filed with the High Court challenging the legality of the referendum, held alongside the 13th national election, on 12 February and seeking the annulment of its results announced the next day.
The petition, filed in the public interest by Supreme Court lawyer ABM Ataul Majid Touhid today (17 February), states that the Referendum was conducted without a clear constitutional framework, a comprehensive Referendum Act or Rules, or measures to ensure transparency, neutrality, equal participation, and informed consent of voters. Serious allegations arose regarding the absence of parliamentary authorization, lack of voter education and question clarity, administrative dominance, conflict of interest, and lack of judicial oversight.
The petition also stated that such omissions directly affected the sovereignty of the people, the basic structure of the Constitution. Article 7 declares that all powers belong to the people and must be exercised in accordance with the Constitution, while Article 11 mandates democracy, rule of law, and effective participation of the people in governance.
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It said conducting a Referendum without lawful authority violates Articles 27, 31, and 32, being arbitrary, unreasonable, and lacking due process, and that any exercise affecting the popular mandate without constitutional sanction is ultra vires, void, and nonexistent.
The petition names the chief election commissioner, the cabinet secretary, and the law secretary as respondents.
Speaking to reporters, Ataul said the petition may be heard next week by a High Court bench led by Justice Fatema Najib.
According to the Election Commission's data and a government gazette, in the referendum, 4,82,00,660 votes for "Yes" were cast in favour of the constitutional reform proposals, clearing the path to formally implement the July Charter.
On the other hand, a total of 2,20,71,726 votes for "No" were cast against the proposals.
The gazette further stated that a total of 7,76,95,023 voters exercised their franchise in the referendum.
Of them, 7,02,72,386 votes were declared valid, while 74,22,637 ballots were rejected. According to the July National Charter (Constitutional Reform) Implementation Order, elected MPs will simultaneously serve on the Constitution Reform Council.
They will implement reforms based on the Charter's constitutional proposals within 180 working days of the first parliamentary sitting.
