Eminent jurist Rafique-Ul Huq today told the High Court that the 10th parliamentary polls held on January 5 was not an election in the eye of law.
"It was a mockery of election. It was rather a selection. It was a football game without any goalkeeper. Our constitution does not contemplate such an election for the members of parliament," he said.
The veteran counsel made the observation in a written statement submitted to the HC as amicus curiae (friend of court) at a hearing on a writ petition that challenged the legality of Article 19 of the Representation of the People Order (RPO), which allows the Election Commission to declare a contender elected uncontested.
In the January 5 general election, 153 out of 300 candidates were elected uncontested without a single vote being cast.
Rafique-Ul said, "Article 65(2) of our constitution provides that the members [of parliament] shall be elected in accordance with law from single territorial constituencies by direct election not selection.”
“Considering such situation, the government has given an indication that there may be a mid-term election. I also expect that such a meaningful free and fair election may be held soon,” he said.
The legal expert also said he thought that for two more terms the elections might be held under an interim government or caretaker non-party arrangement.
The HC bench of Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar will resume the hearing on June 11.
Khandker Abdus Salam, who wanted to contest the January 5 election from a Gazipur constituency but the candidacy was cancelled for "defaulting on loans", filed the petition in last December.