SC lawyer serves legal notice on EC, govt

A Supreme Court lawyer yesterday served a legal notice on the Election Commission and the government, seeking cancellation of the upcoming presidential election in 24 hours.

The EC on January 25 declared the schedule for holding the presidential election on February 18 as the incumbent President Abdul Hamid's tenure expires on April 23.

He took office on April 24 in 2013.

Yesterday, Advocate Eunus Ali Akond sent the notice saying that the current parliament cannot elect a new president as per Article 123 (1) of the constitution.

According to the article, if the term of the president expires before the dissolution of the parliament by the members of which he was elected, the election to fill the vacancy shall not be held until after the next general election of members of the parliament.

“In the case of a vacancy in the office of President occurring by reason of the expiration of his term of office an election to fill the vacancy shall be held within the period of ninety to sixty days prior to the date of expiration of the term:

Provided that if the term expires before the dissolution of the Parliament by members of which he was elected the election to fill the vacancy shall not be held until after the next general election of members of Parliament, but shall be held within thirty days after the first sitting of Parliament following such general election,” the article says.

Eunus Ali said he will file a writ petition with the High Court seeking necessary directives if the respondents -- the Election Commission and the Government -- do not cancel the polls schedule.