• Monday, December 22, 2014

Freedom in the air

Uncontested MPs legal: HC

'No scope to question 153 elected without voting in Jan 5 polls'

Star Online Report

The High Court today declared legal a provision of the Representation of the People Order (RPO) that allows the Election Commission to announce contenders in the parliamentary polls elected uncontested without voting.

There is no scope to question the election of 153 out of 300 candidates uncontested in the 10th general election, the court said in a key ruling in the matter of the controversial election boycotted by main political party BNP.

Following the HC judgement there is no scope of raising any question about 153 MPs uncontested election, Attorney General Mahbubey Alam told reporters after the court decision.

The HC bench of Justice Mirza Hussain Haider and Justice Md Khurshid Alam Sarkar came up with the ruling rejecting two writ petitions, one challenging the Article 19 of the RPO that allows uncontested election f parliament members and the other seeking inclusion “no vote” option in ballots.

On the "no vote" provision, the court said the provision has not been incorporated in the election law, though it has been incorporated in the penal code that people have the right not to vote.

Since the parliament decided not to incorporate such provision, the court cannot direct it to do so considering the doctrine of separation of powers, the court pointed out.

Had there any constitutional provision on inclusion of the provision of "no vote", the court would have directed the parliament to do so.

In India, there is provision of "no vote" in the election law as the parliament of the country decided to incorporate such rule, the court said.     

Khandker Abdus Salam, whose candidacy for Gazipur constituency in the January 5 election was cancelled for loan defaulting, filed the petition challenging the Article 19 in last December while Supreme Court lawyers Md Shahriar Mozid and Rokunuddin Md Faruq filed the other petition in November 2013.

Published: 12:54 pm Thursday, June 19, 2014

Last modified: 11:13 pm Thursday, June 19, 2014

TAGS: High Court Masder Hossain case Representation of the People Order

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