POST TIME: 1 February, 2018 00:00 00 AM
Legal notice challenges presidential polls

Legal notice challenges presidential polls

A legal notice was served on the Election Commission (EC) and the government yesterday (Wednesday), seeking cancellation of the presidential election within 24 hours.

Supreme Court lawyer Advocate Eunus Ali Akond sent the notice, asking the chief election commissioner, Speaker, law secretary, Cabinet secretary, EC secretary, secretary in the President’s office and secretary in the Prime Minister’s Office to take the initiative for cancelling the presidential elections within 24 hours.

He would file a writ petition before the High Court (HC) seeking necessary directives against them, if they do not cancel the poll schedule, Akond told reporters after sending the notice.

It was mentioned in the notice that the current Parliament could not elect a new President as per Article 123 (1) of the Constitution.

Article 123 (1) says if the term of the President ends before dissolution of Parliament comprising members by whom he was elected, the election to fill the vacancy shall not be held until after the next general election.

The notice also said that Md Abdul Hamid was sworn in as the 20th President of Bangladesh on April 24, 2013, and his term ends on the same date this year.

Akond said the EC’s schedule for holding the presidential election on February 18 contradicts with articles 31, 50, 54 of the Constitution.

According to Article 50 (1), the President can hold office even after the term ends until his successor takes charge.

As per the constitutional provision, the presidential election has to be held within 60 to 90 days prior to the incumbent President’s term ends, the legal notice said.