The High Court has fixed Tuesday for hearing the plea seeking a stay on the process to elect the next President of the country.
The bench of justices Naima Haider and Zafar Ahmed passed the order on Monday.
The petition filed on Apr 9 with the bench concerned of the Supreme Court by Yunus Ali Akhand also sought a ruling asking why Article 70 of the Constitution should not be scrapped after being declared ‘conflicting’ with the entire Constitution.
The Law Secretary, Cabinet Secretary, Parliament Affairs Secretary and the Chief Election Commissioner were made respondents to the case.
Article 70 of the Bangladesh Constitution says: "A person elected as a Member of Parliament at an election, in which he was nominated as a candidate by a political party, shall vacate his seat if he resigns from that party or votes in parliament against the party."
Speaking to bdnews24.com Akhand had said the article said any individual would lose his membership if he or she voted for a presidential candidate defying his party’s decision.
“That person may not be able to vote for an eligible candidate for this reason,” he had said.
He also felt that the article restrained ‘suitable’ candidates from taking part in the election.
The Election Commission on Apr 9 announced the presidential elections would take place in parliament on Apr 29.
The aspirants will be able to submit nomination papers on Apr 21 and withdraw those until Apr 24.
As per the law, the President is elected through open voting system by the Members of Parliament, and the Chief Election Commissioner (CEC) acts as the Election Officer.
President Md Zillur Rahman died on Mar 20 in Singapore undergoing treatment. Since then, Speaker Abdul Hamid has been acting as the President.
Bangladesh must elect its 20th President within June 19 as per the constitutional obligations.
The petition filed on Apr 9 with the bench concerned of the Supreme Court by Yunus Ali Akhand also sought a ruling asking why Article 70 of the Constitution should not be scrapped after being declared ‘conflicting’ with the entire Constitution.
The Law Secretary, Cabinet Secretary, Parliament Affairs Secretary and the Chief Election Commissioner were made respondents to the case.
Article 70 of the Bangladesh Constitution says: "A person elected as a Member of Parliament at an election, in which he was nominated as a candidate by a political party, shall vacate his seat if he resigns from that party or votes in parliament against the party."
Speaking to bdnews24.com Akhand had said the article said any individual would lose his membership if he or she voted for a presidential candidate defying his party’s decision.
“That person may not be able to vote for an eligible candidate for this reason,” he had said.
He also felt that the article restrained ‘suitable’ candidates from taking part in the election.
The Election Commission on Apr 9 announced the presidential elections would take place in parliament on Apr 29.
The aspirants will be able to submit nomination papers on Apr 21 and withdraw those until Apr 24.
As per the law, the President is elected through open voting system by the Members of Parliament, and the Chief Election Commissioner (CEC) acts as the Election Officer.
President Md Zillur Rahman died on Mar 20 in Singapore undergoing treatment. Since then, Speaker Abdul Hamid has been acting as the President.
Bangladesh must elect its 20th President within June 19 as per the constitutional obligations.
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