HC to issue order Tuesday on presidential election schedule, Article 70

The High Court on Monday concluded the hearing on a writ petition challenging the schedule for the August 20 presidential election and the validity of Article 70 of the Constitution, and will issue its order on Tuesday.

Advocate Yunus Ali Akand represented the petitioner, while Attorney General Md Ruhul Quddus Kazal, Deputy Attorney General Mamun Chowdhury and Akhter Hossain Md Abdul Wahab appeared for the state.

After the hearing, Yunus said Article 70 prevents members of parliament from voting independently, thereby undermining their democratic rights. He said the provision is inconsistent with citizens’ fundamental rights.

On behalf of the state, Ruhul argued that any necessary constitutional changes should be left to parliament. He said the presidential election is only two days away and that the election schedule should not be suspended at this stage.

He also said the lawyer had previously filed two writ petitions on the same issue, both of which were dismissed by the court.

Yunus filed the latest writ petition with the relevant Supreme Court section on August 13, naming the law secretary, secretary of the Parliament Secretariat and other relevant officials as respondents.

The presidential election is scheduled to be held on August 20 from 2pm to 5pm. The Election Commission has already declared two candidates valid.

According to the EC, there are 349 voters in the election. August 18 is the final day for withdrawal of candidatures.

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 the party or votes against it in parliament, their parliamentary seat will become vacant. However, the provision does not make the person ineligible to contest a subsequent parliamentary election.

Meanwhile, President Mohammed Shahabuddin resigned last month, citing illness. The Jamaat-e-Islami-led 11-party alliance has nominated Colonel (retd) Oli Ahmed for the presidency, while the BNP has nominated Mirza Fakhrul Islam Alamgir.