High Court rejects petition challenging legality of Article 70 | 2018-03-18 | daily-sun.com

High Court rejects petition challenging legality of Article 70

Sun Online Desk     18th March, 2018 02:43:19 printer

High Court rejects petition challenging legality of Article 70

The High Court has rejected the writ petition filed challenging the legality of section 70 of the Constitution that allows cancellation of parliament membership for crossing the floor, UNB reports.

 

The single HC bench of Justice Abu Taher Md Saifur Rahman passed the order saying that fundamental law of the Constitution cannot be cancelled, said petitioner Advocate Eunus Ali Akanda.

 

Akanda also said that he will again file a writ petition challenging the legality of section 70 of the Constitution showing another ground.

 

Earlier on March 11, the court set March 18 for delivering its judgment on the writ petition on completion of hearing on the petition.

 

Earlier on January 15, the HC delivered split verdicts over the matter.

 

After hearing the writ, senior Justice Moyeenul Islam Chowdhury issued a rule seeking explanation as to why the article 70 should not be declared illegal and unconstitutional while junior Justice Md Ashraful Kamal dismissed the petition.

 

Later, the single bench of Justice Abu Taher Md Saifur Rahman was assigned to dispose of the writ.

 

Advocate Moinul Islam Chowdhury and Advocate Eunus Ali Akanda filed the writ petition on April 12, 2017.

 

According to the section 70, a person elected as a Member of Parliament in which one was nominated as a candidate by a political party shall vacate his seat if he/she resigns from that party, or votes in Parliament against that party, but shall not thereby be disqualified for subsequent election as a Member of Parliament.

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