HC refuses to hear petition challenging legality of polls | The Daily Star
12:00 AM, December 21, 2018 / LAST MODIFIED: 02:42 AM, December 21, 2018

HC refuses to hear petition challenging legality of polls

A High Court bench yesterday refused to hear a writ petition filed by SC lawyer Advocate Eunus Ali Akond, challenging the legality of declaring schedule and holding the national polls without dissolving the parliament.

The bench of Justice FRM Nazmul Ahasan and Justice Razik-Al-Jalil refused to hear the petition, saying that the bench has no jurisdiction to hear it.

After the bench refused to hear his petition, Advocate Eunus said he would move it before another HC bench.

On November 25, Advocate Eunus filed the petition.

In the petition, Advocate Eunus prayed to the HC to stay the 11th national polls, slated for December 30, as holding polls without dissolving the parliament will be unconstitutional.

According to Article 123(3) of the constitution, national polls should be held within 90 days of dissolving the parliament, he said.

However, the EC announced the polls schedule while the current parliament is still not dissolved, Advocate Eunus said, adding, “…the national election is being held in breach of the constitution.” 

The petition also said following Article 12 of the Representation of the People Order (RPO) 1972 and Article 66(2)(f) of the constitution, any person holding an office of profit in government service cannot contest the parliamentary election.

Many incumbent lawmakers are contesting the upcoming parliamentary election, breaching Article 66(2)(f) of the constitution, the petition added.

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