Dhaka, 31 Jan – A legal notice was served on Wednesday on the Election Commission (EC) and the government seeking cancellation of the presidential elections within 24 hours.Supreme Court lawyer Advocate Eunus Ali Akond sent the notice asking the Chief Election Commissioner, Speaker, law secretary, cabinet secretary, secretary to the President’s office, secretary to Prime Minister’s Office and Election Commission secretary to take initiative for canceling the presidential elections within 24. Otherwise he will file a writ petition with the High Court (HC) seeking necessary directives against them, if they do not cancel the polls schedule, Akond told reporters after sending the notice.
In the notice it was mentioned that the current parliament could not elect a new president as per Article 123 (1) of the constitution.
The Article 123 (1) has said that if the term of the president expires before the dissolution of the parliament by the members of which he was elected, the election to fill the vacancy shall not be held until after the next general election of member of the parliament.
The notice also said that incumbent president Md Abdul Hamid was sworn in as the 20th President of Bangladesh on April 24, 2013, and his term ends on the same day this year.
Akond said the EC’s schedule for holding the presidential election on February 18 contradicts the Articles 31, 50, 54 of the Constitution.
According to the Constitution’s Article 50 (1), the president can hold the office even after the term until his successor takes charge.
As per the constitutional provision, the presidential election has to be held within 90 to 60 days prior to the incumbent president’s term expires, the legal notice said. – Staff Reporter
