The High Court (HC) on Monday paved the way for the Election Commission (EC) to continue the process for holding the 12th parliamentary election scheduled to be held on January 7.
In an order, the HC bench comprising Justice Mustafa Zaman Islam and Justice Md Atabullah summarily rejected a writ petition that challenged the legality of announcing the schedule for the next Jatiya Sangsad election.
Adv Eunus Ali Akond appeared for the petition while Attorney General AM Amin Uddin represented the state during the hearing on the petition.
Eunus, a Supreme Court lawyer, filed the petition as a public interest litigation with the HC on November 29 seeking a stay on the schedule that was issued on November 15 by the Election Commission (EC) for holding the 12th election on January 7, and to direct the EC to reschedule the date for holding the national polls.
In the petition, he said as per Article 123 (3) of the Constitution, the general election has to be held within 90 days after the parliament is dissolved. However, the EC has announced schedule for the election on January 7, while the current parliament is still undissolved.
Many members of the current parliament, who are receiving remuneration from the State, are reportedly contesting the upcoming parliamentary election. Hence, the upcoming polls cannot be held keeping the current parliament intact, the petition said, adding that many candidates could not submit nomination papers due to current political situation.
The petitioner also sought a directive to the Election Commission to reschedule the election as a main political party remained absent in the 12th parliamentary election procedure.
The voting date should be deferred if it wanted to participate in the election procedure, the lawyer said and added that, if otherwise, the election would not be participatory.