Appeal filed in the Appellate Division challenging the High Court’s order regarding the presidential election
Lawyer Yunus Ali Akand today, Wednesday, filed an appeal petition with the Appellate Division of the Supreme Court challenging the High Court’s order that cleared the way for the presidential election.
Earlier, the High Court had summarily rejected a writ petition challenging the validity of Article 70 of the Constitution and seeking a stay on the election schedule.
Under Article 70 of the Constitution, if a Member of Parliament resigns from the political party that nominated them or votes against the party, their parliamentary seat will become vacant.
In his petition filed with the Appellate Division, Akand sought a stay on the schedule for the presidential election, which is scheduled to be held tomorrow, Thursday.
Lawyer Yunus Ali Akand told The Daily Star that the relevant Chamber Judge of the Appellate Division may hear the petition this afternoon.
On Tuesday, a High Court bench comprising Justice Khizir Ahmed Chowdhury and Justice AFM Saiful Karim rejected Akand’s writ petition challenging the validity of Article 70 and seeking a stay on the presidential election.
The High Court order stated that the special parliamentary committee formed to amend the Constitution could make a decision regarding Article 70. The court cannot intervene in the matter, it said.
The court observed that the schedule for the presidential election had been lawfully announced under the Presidential Election Act, 1991, and that the writ petition had no merit.
Attorney General Md Ruhul Quddus Kajal told The Daily Star that following the High Court’s order, there was no legal impediment to holding the presidential election on August 20.
Lawyer Yunus Ali Akand filed the public-interest writ petition on August 13. The petition sought a rule asking why Article 70 of the Constitution should not be declared unconstitutional and struck down.
It also sought an interim stay on the schedule for the presidential election scheduled for August 20, pending disposal of the rule.