DHAKA, Jan 16, 2018 (BSS) – The High Court (HC) yesterday delivered a split verdict over article 70 of the constitution that stipulates that a lawmaker shall vacate his or her seat on resignation from or voting against his party.
A High Court division bench comprising Justice Moyeenul Islam Chowdhury and Justice Md. Ashraful Kamal passed the order upon a writ petition.
The senior judge issued a rule while the other judge of the bench dismissed the petition which was filed by a Supreme Court lawyer, Dr Yunus Ali Akand, in April last year.
The petition will now be sent to the Chief Justice and he will form a one-member bench to dispose of the matter in accordance with the law, lawyers said.
Dr. Akand himself moved the writ petition while deputy attorney general Motahar Hossain Raju stood for the state.
Article 70 on the constitution says, “A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he -(a) resigns from that party ; or (b) votes in Parliament against that party ; but shall not thereby be disqualified for subsequent election as a member of Parliament.”