A writ petition has been filed with the High Court (HC) on Wednesday, challenging legality of Article 70 of the Constitution, which deals with cancellation of membership of a lawmaker for voting in the parliament against the party that nominated him or her.
Supreme Court lawyer Md Eunus Ali Akond filed the petition. The law secretary, parliament secretary and others have been made respondents in the petition.
In the petition, the lawyer said an Appellate Division bench, led by ex-Chief Justice Surendra Kumar Sinha, observed in the Constitution's 16th amendment case in 2017 that Article 70 is contradictory to the Constitution, and it has been upheld by the apex court recently.
"So, Article 70 should be scrapped, and I have again filed the writ petition with the HC, challenging its legality. The petition's hearing may be held next week," said the lawyer. On April 18, 2017, the lawyer submitted similar writ petition with the HC, challenging the legality of Article 70, saying that it is against democracy and Articles 7, 19, 26, 27, 44, 31 and 119 of the Constitution.
On March 18, 2018, the HC rejected the petition. The HC bench of Justice Abu Taher Md Saifur Rahman passed the order, saying that the court cannot interfere in (changing) Article 70, as the provision has been incorporated in the original constitution of 1972.
The MPs are elected from the parties having their respective political manifesto, and people elect them as per the manifesto. So, the MPs cannot vote against their political parties. The writ petition is not acceptable, as it has no substance, the court observed.
[email protected]
