The High Court will deliver its order on Sunday (April 21) on a writ petition filed seeking a stay order on the process to hold election to presidency on April 29.An HC bench comprising Justice Naima Hiader and Justice Jafar Ahmed fixed the after on Wednesday after hearing the writ petition filed by Supreme Court lawyer Dr Yunus Ali Akond in the form of Public Interest Litigation (PIL).
On April 9, the lawyer filed the writ challenging the validity of article 70 of the Constitution that bars the Members of Parliament from casting votes in Parliament against his own party.
Article 70 of the constitution says: “A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.”
In his writ, the petitioner said suitable candidates cannot participate in the president election due to the restrictive article 70 as the MPs cannot cast their votes against their own parties for fear of being unseated.
The petitioner further said the article 70 has damaged the democratic character of the Constitution and that is why the article should be declared void and ultra vires to the Constitution.
The Secretary to the Ministry of Law, the Chief Election Commissioner and the Election Commission have been made respondents to the writ petition.
The post of the President fell vacant following the death of President Zillur Rahman. He died on March 20 in Singapore while undergoing treatment. UNB
