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HC order today on 19 RPO controversy

Thursday, 19 June 2014


The High Court delivers today (Thursday) its order on a public interest litigation (PIL) writ challenging the validity of the Section 19 of the RPO empowering MP candidates to be elected unopposed. The HC division bench, comprising Justice Mirza Hossain Haider and Justice M Khurshid Alam Khan, on Wednesday fixed the date after closing arguments over the writ petition. On the closing day, constitutional interpreter advocate Mahmudul Islam termed constitutional the section 19 of the Representation of the People Order (RPO), backing the arguments made by two other amici — barristers Rokan Uddin Mahmud and Ajmalul Hossain QC. He made the opinion as amicus curiae (friend of the court). Incumbent Attorney General Mahbubey Alam also underpinned the provision of the Section 19 of the RPO. Later, emerging from the court, advocate Mahmudul Islam, also former Attorney General, told reporters that the way the election to the 10th parliament was held is not acceptable in principle. On the other hand, other amici noted jurists Dr Kamal Hossain and barrister Rafique-ul Huq and rights activist Dr Badiul Alam Majumder opposed the impugned provision, backing PIL writ petitioner Jatiya Party (Japa) leader Khandker Abdus Salam. Responding to a petition, the HC on February 16, issued a rule asking the government, the Election Commission and others to explain why the Sec 19 of the RPO empowering an eligible single candidate to be elected MP unopposed should not be declared unconstitutional, according to a news agency.