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Independent candidacy

Writ filed over voters' signature

FE REPORT | Wednesday, 6 December 2023



A writ petition has been filed with the High Court challenging the legality of a clause pertaining to voters' signature in the Representation of the People Order (RPO) 1972.
The petition will be placed in the High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque today for hearing.
Article 12(3a)(a) of the RPO stipulates that an independent candidate produce a document containing a list of signatures of 1.0-per cent voters of a constituency concerned.
Md Raihan Kawsar, a Supreme Court lawyer, lodged the petition as public interest litigation on Tuesday, said his lawyer advocate Md Yousuf Ali.
The petitioner prayed to the HC to issue a rule upon the bodies concerned to explain as to why the RPO provision should not be declared unconstitutional.
He also pleaded with the court to stay the operation of the article until the disposal of the Rule.
A directive was also sought for the Chief Election Commissioner (CEC) to accept the nominations submitted by all independent candidates waiving the requirement under the article in question.
The law secretary and the CEC have been made respondents in the petition.
According to Mr Ali, the article's demand for voters' signature from independent candidates is a violation of fundamental rights guaranteed by articles 27, 31, 39 and the basic structure of the constitution.

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