The High Court is scheduled to pass an order on Tuesday regarding a writ petition challenging the validity of Article 70 of Constitution and seeking a stay on the presidential election schedule.
On Monday, a HC bench comprising Justice Khizir Ahmed Chowdhury and Justice AFM Saiful Karim fixed the date following a hearing on the matter.
Lawyer Md Yunus Ali Akhand, who filed the petition, was at the hearing on the petitioner’s behalf. Attorney General Md Ruhul Quddus Kazal, Deputy Attorney General Mamun Chowdhury, and Deputy Attorney General Akhter Hossain Md Abdul Wahab represented the state.
According to the petitioner, Article 70 restricts the ability of lawmakers to vote independently, which hampers their democratic rights.
Article 70 stipulates that if a person elected to Parliament as a nominee of a political party resigns from that party or votes against it in the House, their seat shall become vacant. However, the article specifies that such a person would not be disqualified from being elected as an MP in a subsequent election.
The Election Commission (EC) has scheduled the presidential vote for 20 August, with polling to take place between 2pm and 5pm at the National Parliament House. The deadline for withdrawal of candidatures is 18 August.
This year marks the first time since 1991 that the presidential election will be contested by multiple candidates. Mirza Fakhrul Islam Alamgir is the candidate for the BNP, while Colonel (retd) Oli Ahmad is contesting as the candidate for the 11-party alliance.
EC officials stated that if multiple candidates remain after the scrutiny of nomination papers, voting will be held on 20 August. A total of 349 MPs are eligible to cast their votes, as the Chattogram-4 seat is currently vacant.
The election follows the resignation of the 22nd president, Md Sahabuddin, on 24 July.
