The High Court on Tuesday rejected a writ petition challenging the validity of Article 70 of the Constitution and seeking a stay on the schedule for the upcoming presidential election.
A bench of Justice Khizir Ahmed Chowdhury and Justice AFM Saiful Karim passed the order.
Lawyer Md Yunus Ali Akand filed the writ on 13 August and appeared for the petitioner at the hearing.
Attorney General Md Ruhul Quddus Kazal, Deputy Attorney General Mamun Chowdhury and Akhtar Hossain Md Abdul Wahab represented the state.
The writ challenged Article 70, which stipulates that a lawmaker elected to parliament as a candidate of a political party will lose their seat if they resign from the party or vote against it in parliament.
During the hearing, Akand argued that the provision prevents lawmakers from voting freely and undermines their democratic rights.
Presidential election on 20 August
The deadline for withdrawing presidential election nominations was 18 August. Voting is scheduled for 20 August from 2pm to 5pm at the Nation al Parliament building.
This is the first presidential election since 1991 to feature more than one candidate.
BNP has nominated Mirza Fakhrul Islam Alamgir for the post, while the 11-party alliance has nominated Col (retd) Oli Ahmed.
Election Commission officials said voting will take place on 20 August if more than one candidate remains after scrutiny of the nomination papers.
A total of 349 members of parliament are eligible to vote, as the Chattogram-4 seat is currently vacant.
President Mohammed Shahabuddin resigned on 24 July. Following his resignation, the Election Commission announced the schedule for the presidential election, setting 20 August as the voting date.
