High Court dismisses writ petition challenging Article 70 and presidential election schedule
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The High Court on Tuesday dismissed a writ petition challenging the validity of Article 70 of the Constitution—which mandates the vacation of a parliamentary seat if a member votes against their party—as well as the schedule for the presidential election.
A division bench comprising Justice Khizir Ahmed Chowdhury and Justice A.F.M. Saiful Karim issued the order following a hearing held on Monday. With the dismissal of the petition, Article 70 remains in effect, and the presidential election is set to proceed as scheduled on August 20.
Deputy Attorney General Mamun Chowdhury confirmed the court’s decision, noting that the bench observed that the issue of constitutional amendment falls under the purview of the National Parliament, which has already established a committee for such purposes.
Supreme Court lawyer Yunus Ali Akond filed the petition on August 13. Akond represented himself during the proceedings, while Attorney General Md. Ruhul Quddus Kajol, assisted by Deputy Attorney Generals Mamun Chowdhury and Akhtar Hossain Md. Abdul Wahab, represented the state.
The Election Commission announced the schedule for the 23rd presidential election on August 6, setting the polling date for August 20. The petition had sought to declare Article 70 inconsistent with the Constitution and requested a stay on the election schedule until a formal rule was issued.
Article 70 dictates that a member of parliament loses their seat if they resign from their political party or vote against the party in parliament. However, it stipulates that such a member does not become disqualified from running in subsequent elections.
Legal challenges regarding Article 70 are not without precedent. In 2018, the same petitioner filed a similar challenge. At that time, a division bench issued a split verdict, with the senior justice favoring a rule and the other justice opting to dismiss the plea. The matter was subsequently referred to a third bench, which dismissed the petition on March 18, 2018.
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