Writ filed challenging legality of Parliament election schedule
FE REPORT | Thursday, 30 November 2023
A writ petition has been filed with the High Court challenging the legality of the election schedule announced for the 12th Parliament by fixing the polling date on January 7 in 2024, while the 11th Parliament is still in force.
Md Eunus Ali Akond, a Supreme Court lawyer, filed the writ petition on Wednesday. I will place the petition for hearing on Thursday, said the lawyer adding that it may come into the cause-list for hearing on next Sunday.
He further said, "I filed the petition not on behalf of any political party. I filed it as a public interest litigation."
The petitioner prayed to the HC to issue a rule upon the respondents to explain as to why the election schedule announced for the 12th Parliament by fixing the polling date on January 7 in 2024 should not be declared illegal, while the 11th Parliament is still in force.
Chief Election Commissioner (CEC), Law Secretary, Cabinet Secretary and four others have been made respondents.
Earlier on Tuesday, the lawyer sent a legal notice to the CEC and other respondents to defer the National Parliament election. The notice sender said there is a scope to defer the Parliament election according to the Article 123 of the Constitution.
The notice sender also warned if the Election Commission and other respondents fail to take appropriate action to defer the election within 24 hours, a writ petition will be filed with the High Court seeking its directives on the issue.
According to the Article 123(3), A general election of the members of Parliament shall be held- (a) in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; and (b) in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution.
The Election Commission (EC) announced the schedule for the 12th Parliament election on November 15. As per the schedule the voting will take place on January 7 in 2024.
Lawyer Eunus Ali Akond said a major political party is absent in the election proceedure. The voting date should be deferred if it wants to participate in the election procedure, said the lawyer adding that otherwise election will not be participatory.