HC writ challenges Article 70 of Constitution

Dhaka,  Wed,  20 September 2017
Published : 17 Apr 2017, 16:14:53

HC writ challenges Article 70 of Constitution

A writ petition was filed with the High Court challenging Article 70 of the Constitution, which requires a member of Parliament to vacate their seat if they resign from their party or vote in Parliament against the party.

The petition was filed by lawyer Yunus Ali Akondo on Monday, reports bdnews24.com.

“A member of parliament is a representative of the people,” he said. “But, once in Parliament, Article 70 prevents them from going against their party and presenting their own opinion because they risk losng their seat. For this reason the article is undemocratic and clashes with the democratic principles of the Constitution.”

The petition may be heard after the Supreme Court returns from recess.

The writ names cabinet secretary, parliament secretariat secretary and the law secretary as defendants.

Article 70 of the Constitution says:

“A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he –

(a)    resigns from that party ; or

(b)   votes in Parliament against that party ;

but shall not thereby be disqualified for subsequent election as a member of Parliament.”
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