HC rejects writ challenging legality of Article 70 of the Constitution

The High Court (HC) today rejected a writ petition that challenged legality of Article 70 of the Constitution which deals with the cancellation of membership of a lawmaker for voting against his or her political party.

The bench of Justice Abu Taher Md Saifur Rahman passed the order saying that the court cannot interfere in the Article 70 of the Constitution as this provision has been incorporated in the original constitution of 1972.

The parliament members are elected from the political parties under their political manifesto and people elect them as per their political manifesto. So the members of the parliament cannot vote against their political party, the court observed.

The court also said the writ petition is not acceptable as there are no substances in the petition.

According to Article 70, a lawmaker has to vacate his or her seat if he or she votes in parliament against the party that nominated him or her.

Earlier on January 15, a two-judge HC bench gave a split order on the same petition.

Advocate Eunus Ali submitted the writ petition with the HC on April 18 last year challenging the legality of Article 70 of the constitution saying that the article is against the democracy and Article 7, 19, 26, 27, 44, 31 and 119 of the Constitution.