A writ petition has been filed with the High Court challenging the validity of Article 70 of the Constitution, which effectively prevents lawmakers from voting against their political party in parliament, and seeking a stay on the schedule for the presidential election.
Writ petitioner and lawyer Md Yunus Ali Akand told reporters today (13 August) that the writ may come up for hearing before a bench led by Justice Khizir Ahmed on Sunday (16 August).
Article 70 states that if a person is elected to parliament as a candidate of a political party and subsequently resigns from that party or votes against it in parliament, their seat will become vacant. However, they will not be disqualified from contesting a subsequent parliamentary election.
According to Yunus Ali, Article 70 prevents lawmakers from exercising their right to vote independently and undermines their democratic rights.
The writ also challenges the legality of the schedule announced by the Election Commission for the presidential election.
It seeks a stay on all proceedings under the presidential election schedule pending disposal of the rule.
Yunus Ali said Article 70 is inconsistent with the spirit of the Constitution and democracy, as lawmakers lose their seats if they vote against their party.
He also questioned the need for a presidential election under the current circumstances, arguing that the BNP has a more than two-thirds majority in parliament and that the election would therefore be meaningless unless Article 70 is repealed.
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