Staff Reporter :
A legal notice has been served on the concerned bodies of the government demanding scrapping of a clause of the Representation of the People Order (RPO), 1972, that barred a retired government service holder in participating National Parliament Election unless a period of three years has elapsed since the date of his resignation or retirement.
The clause is inconsistent with the Article 66 of the Constitution and violative of Article 11, 19 and 26 of the Constitution, said the legal notice.
Nurul Kader Sohel, an activist of the Jatiyo Party and also a resident of Bhairab upazila under Kishoreganj district, sent the legal notice through his lawyer Md Abdul Hai.
Cabinet Division Secretary, Chief Secretary of the Prime Minister
Office, Chief Election Commissioner, Election Commission Secretary, Parliament Affairs Secretary, Law Secretary, President Office Secretary, and others have been made respondents in the legal notice.
The respondents have been asked to take necessary measures to do justice to the retired persons giving them opportunity to participate National Parliament Election and deleting the clause 12(1)(f) of the Representation of the People Order, 1972, within seven days from the date of the receipt of the notice.
Otherwise a writ petition will be filed with the High Court challenging the inaction of the respondents, also read the notice.
According to the 12(1)(f), “Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution:
Provided that a person shall be disqualified for election as or for being, a member, if he has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement.”
