The High Court yesterday questioned the legality of the municipal electoral code that restricted parliaments members from taking part in election campaigns for the local polls.
The bench of Justice Syed Muhammad Dastagir Husain and Justice AKM Shahidul Huq issued a ruling as to why the code should not be declared illegal, following a primary hearing on a writ petition filed by Supreme Court lawyer AKM Nur Nabi.
The government authorities concerned, the Election Commission and the parliament have been asked to come with explanations by three weeks.
In the petition that challenged the legality of the electoral rules, the lawyer said the rules 2 (12) and (22) of the Municipality Election Rules 2015 have restricted the MPs from running campaign for their party candidates.
“As the MPs do not hold profitable posts like ministers, the speaker and the deputy speaker, there should be no legal bar against them to run the campaigns. The MPs get honorarium from the state,” he said.
On November 23, the two rules were added to the electoral code saying the lawmakers were very important persons and held profitable posts; but sections 68 and 152 of the constitution do not entitle them as profitable posts.
The rules 2 (12) and (22) were contradictory to the constitution and the writ was filed against the rules, said Nurul Islam Sujon, a lawyer for the petitioner.