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A writ petition has been filed with the High Court challenging the constitutional validity of Article 70 and seeking a halt to the ongoing schedule for the presidential election.
The petitioner has also sought a declaration that Article 70, insofar as it applies to the election of the President by members of Parliament, is unconstitutional.
A lawyer representing the petitioner confirmed the filing of the petition on Thursday, saying the High Court is expected to hear the matter on Sunday.
The petition comes ahead of the presidential election scheduled for August 20. Under the schedule announced by the Election Commission, MPs will vote to elect the President at the Jatiya Sangsad Bhaban in Dhaka.
The legal challenge centres on Article 70 of the Constitution, which provides that an MP elected as a candidate of a political party will lose their parliamentary seat if they resign from that party or vote in Parliament against it.
The petitioner argues that applying the provision to the presidential election restricts MPs’ ability to exercise independent judgment while choosing the head of state.
The petition seeks judicial intervention to prevent the presidential election from proceeding under the existing arrangement until the constitutional question concerning Article 70 is resolved.
The challenge comes days after the Chief Whip of the ruling party, Md Nurul Islam Moni, said Article 70 would remain effective in the presidential election because the provision had not been amended.
He said any lawmaker voting against the decision of their political party would risk losing parliamentary membership under the constitutional provision.
According to the election schedule, voting for the President is due to take place from 2pm to 5pm on August 20. The Chief Election Commissioner will serve as the Returning Officer, while Election Commission officials will conduct the polling with support from the Parliament Secretariat.
The presidential election is being contested, with the opposition 11-party alliance having nominated Colonel (retd) Oli Ahmad, Bir Bikram, as its candidate.
The constitutional challenge therefore comes at a politically significant stage, with the court’s decision potentially affecting the legal framework under which MPs will cast their votes.
The High Court’s decision on whether to hear the petition and whether to issue any interim order will determine whether the election process proceeds according to the existing schedule.
Article 70 has previously been the subject of constitutional litigation. In a landmark case concerning the Constitution’s Sixteenth Amendment, the Appellate Division discussed the restrictive effect of the provision on MPs’ ability to act independently of their party leadership.
Supreme Court of Bangladesh
The latest petition, however, specifically seeks to challenge the application of Article 70 in the context of the presidential election and could reopen a longstanding debate over the balance between party discipline and the independent constitutional role of lawmakers.