A writ petition has been filed with the High Court challenging the schedule for the upcoming presidential election and the validity of Article 70 of the Constitution, which prevents lawmakers from voting for a candidate from another political party, seeking suspension of the election until the petition is disposed of.

The petition was filed ahead of the presidential election slated for August 20, arguing that the provision prevents eligible lawmakers from voting for a presidential candidate from another political party.

The High Court is scheduled to hear the writ petition on Sunday.

Advocate Yunus Ali Akand filed the petition at the relevant section of the Supreme Court on Thursday.

The law secretary, secretary of the Parliament Secretariat and other concerned officials have been made respondents in the writ.

Speaking about the petition, Yunus Ali Akand said the presidential election will be held from 2pm to 5pm on August 20. According to the Election Commission (EC), there are 349 voters in the election.

“However, because of the requirement under Article 70 of the Constitution, a lawmaker from one party cannot vote for a candidate from another party, even if they are eligible to do so,” he said.

He claimed that the provision conflicts with Article 102 of the Constitution, as well as citizens’ fundamental rights and the spirit of democracy.

He said the writ petition was filed seeking suspension of the presidential election until the petition is disposed of.

Article 70 of the Constitution states that if a person is elected to Parliament as a candidate nominated by a political party and subsequently resigns from that party or votes against it in Parliament, their seat will become vacant. However, the person will not be disqualified from becoming a member of Parliament in any subsequent election on that ground.

The development comes after Mohammed Shahabuddin Chuppu resigned as president last month, citing illness.

Following his resignation, Colonel (retd) Oli Ahmad was named the presidential candidate of the 11-party alliance led by Bangladesh Jamaat-e-Islami.

Meanwhile, the BNP is set to announce its Secretary General Mirza Fakhrul Islam Alamgir as its presidential candidate after party Chairman and Prime Minister Tarique Rahman gave the final nod, according to party sources.

Fakhrul, who also serves as the LGRD minister, emerged as the party’s final choice after Tarique discussed the matter with senior BNP leaders.

As the BNP holds two-thirds of the seats in Parliament, the BNP candidate will be elected.