High Court rejects writ challenging presidential election schedule

The High Court rejected a writ petition seeking a stay on the schedule for Bangladesh’s presidential election and challenging the legality of Article 70 of the Constitution.

A High Court bench comprising Justice Khizir Ahmed Chowdhury and Justice A.F.M. Saiful Karim passed the order on Tuesday (August 18) after hearing both sides.

Advocate Md Yunus Ali Akand, who filed the petition, argued that Article 70 restricts lawmakers from exercising independent judgment in parliament. He contended that the provision prevents members of parliament from freely expressing their views or voting according to their own decisions, thereby undermining their democratic rights.

Attorney General Md Ruhul Quddus Kajal represented the state during the hearing.

Akand filed the writ last Thursday, challenging the constitutional validity of Article 70 and seeking a stay on the ongoing process for the presidential election.

After hearing arguments from both sides on Monday, the court had fixed Tuesday to deliver its order. Following the hearing on the scheduled day, the bench rejected the writ petition.

What Article 70 Says
Article 70 provides that if a person elected to parliament as a candidate of a political party resigns from that party or votes against the party’s decision in parliament, their parliamentary seat becomes vacant. However, such a person does not become ineligible to contest a subsequent parliamentary election.