The High Court has dismissed a petition challenging the legality of a section of the Representation of People Order (RPO) regarding the provision of announcing those as MPs elected without contest. The bench of Justices Mirza Hussain Haider and Muhammad Khurshid Alam Sarkar issued the order on Thursday. Khandaker Abdus Salam, vice chairman of the Jatiya Party and chairman of Swanirbhor Group filed the petition challenging the legality of section 19 of the RPO on Dec 17. The HC issued a rule on why section 19 should not be declared illegal. The Cabinet Secretary, Law Secretary, Chief Election Commissioner and Secretary to the Election Commission Secretariat have been asked to reply to the rule in 10 days. As many as 153 contenders were elected MPs in the Jan 5 elections boycotted by the BNP. The bench also dismissed another petition filed to include a provision for ‘no vote’ in the RPO. In India, the parliament have incorporated the right of ‘not to vote’ in the election laws itself. But in Bangladesh, it has been incorporated in penal code, not in the election laws. “So since the legislature decided not to incorporate this, the court can’t direct the parliament to do so in keeping with the doctrine of separation of powers,” the judges observed. “If there is no constitutional provisions provided for including the provision of ‘not to vote’ in the law, then court can’t direct parliament to include the same as was done in masder hossain case, ” the verdict said. It further observed: “Any laws can’t be declared unconstitutional unless it is in conflict with ‘expressed provision’ of the constitution. As such there is no scope to question the election of 153 MP’s to be declared unopposed. So both the rule is being discharged.” –bdnews24.com
