The High Court (HC) on Tuesday started hearing a rule that questioned the legality of a clause of the Representation of the People Order (RPO) 1972.
The clause bars a retired government service holder from participating in a parliamentary election unless a lapse of three years since the date of his or her resignation or retirement.
The HC bench of Justice Naima Haider and Justice Kazi Zinat Hoque has started hearing the rule issued early this year.
Deputy attorney general Amit Das Gupta said, "Following separate writ petitions, different HC benches issued rules questioning the RPO clause. Now, all the rules will be heard in one bench."
The High Court bench adjourned its hearing till November 09, according to the state lawyer.
On January 19 this year, an HC bench issued rule asking the bodies concerned to explain as to why clause 12(1)(f) of the 1972 RPO should not be declared unconstitutional.
The HC bench of Justice Zafar Ahmed and Justice Md Bashir Ullah issued the rule after hearing a petition filed to this end by Brig Gen (retd) Md Shamim Kamal.
Other benches also issued the same rule following petitions by retired officials Md Abdul Mannan, Ataur Rahman Prodhan and Ratan Chandra Pondit, according to Mohammad Sayed Ahmed Raza, a counsel for Ataur Rahman.
Chief election commissioner, law secretary, home secretary, public administration secretary, local government secretary and others were asked to respond to the rules within four weeks.
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 defense service, unless a period of three years has elapsed since the date of his resignation or retirement."
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