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Summarized and contextualized by DistantNews.
At a glance
- The High Court in Bangladesh has rejected a petition challenging the constitutionality of Article 70 and seeking to halt the presidential election.
- The court affirmed that the election schedule, set for August 20, was legally declared under the Presidential Election Act, 1991.
- Article 70 of the constitution pertains to lawmakers vacating their seats if they resign or vote against their nominating party.
Bangladesh's High Court has cleared the path for the presidential election to proceed on August 20, dismissing a writ petition that challenged the constitutional validity of Article 70 and sought to postpone the election schedule.
The bench, comprising Justice Khizir Ahmed Choudhury and Justice AFM Saiful Karim, stated that the election schedule was legally declared in accordance with the Presidential Election Act, 1991. The court found no substance in the petition, ruling that there is no legal impediment to holding the election on the scheduled date.
Article 70 of the constitution mandates that a parliamentary seat becomes vacant if a lawmaker resigns from or votes against the political party that nominated them. The petitioner, Advocate Eunus Ali Akond, argued that this article restricts lawmakers' freedom and undermines parliamentary independence.
Attorney General Md Ruhul Quddus Kazal strongly opposed the petition, deeming it non-maintainable. He informed the court that the petitioner had previously filed a similar petition, which was rejected, and no appeal was filed against that verdict.
Akond filed the latest petition as a public interest litigation on August 13, seeking a rule to declare Article 70 unconstitutional and an interim order to stay the election schedule. The full details of the High Court's order are expected upon the release of its full text.
There is no legal bar to holding the presidential election on August 20 following the HC order.
Originally published by Daily Star. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.