Staff Reporter :
A writ petition has been filed with the High Court (HC) challenging the legality of the schedule for holding the 11th Parliamentary election without dissolving the Parliament.
Eunus Ali Akond, a Supreme Court lawyer, filed the writ petition on Sunday morning.
He prayed to the HC to stay the schedule issued by the Election Commission (EC) on November 12 for holding the election on December 30. In the petition, he said, “The general election will be held within 90 days from the date the Parliament is dissolved as per Article 123(3) of the Constitution, but the EC has announced the election schedule for holding the election on December 30 though the parliament has not been dissolved”
He also said in the petition, as per Section 12 of the Representation of the People Order (RPO) and article 66(2)(cha), a person holding the post of profit in the service cannot be qualified for contesting the Parliamentary election. Many Parliament Members who are receiving remuneration from the State are reportedly contesting the ensuing Parliamentary election.
According to Section 66 of the Constitution, a person should be disqualified for election as or for being, a member, if a person holding any office of profit in the service of the republic or of a statutory public authority, the petitioner adds. According to the Constitution, he further said, those who enjoyed government perks and privileges could not contest any election. “Now ministers and MPs of the present Parliament are enjoying government perks and privileges, and they are going to contest in the election, which is contradictory to the Constitution,” he added.
Besides, if the election was held without dissolution of Parliament, there would be two Parliaments after the election, and the number of MPs will become 600. “But, according to Article 65 of the Constitution, the number of Parliament shall be 300,” he added.
Therefore, the upcoming election cannot be held keeping the Parliament upheld, he said in the petition.
The petitioner sought the issuance of a rule to declare the schedule as illegal as it was announced without dissolving the national Parliament as well as a stay on the election procedure until the issue is settled.
The Chief Election Commissioner (CEC), Cabinet Secretary, Law Secretary and four others were made respondents to the rule. Eunus Ali told the reporters that the HC may hold hearing on the petition today (Monday).
