The High Court has postponed the hearing on a writ petition challenging the legality of Article 70 of the Constitution of Bangladesh, which mandates the cancellation of a lawmaker's membership for voting against the political party that nominated them.
The bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury passed the order on Monday as the writ petitioner Advocate Md Eunus Ali Akond was unable to produce a certified copy of the 2018 High Court verdict that had dismissed a similar petition he filed challenging Article 70.
Advocate Akond that he would obtain the certified copy of the 2017 verdict and present it to the High Court bench led to proceed with his current petition.
On October 23, Advocate Akond, a Supreme Court lawyer, filed the latest writ petition with the High Court, arguing that Article 70 should be scrapped as it contradicts democratic principles.
He cited a 2017 observation by an Appellate Division bench, led by then Chief Justice Surendra Kumar Sinha, which stated that Article 70 conflicted with constitutional provisions.
Previously, on August 18, 2018, a High Court bench comprising Justice Abu Taher Md Saifur Rahman had dismissed a similar petition from Akond, noting that the court could not interfere in Article 70 as it was embedded in the original 1972 Constitution.
The bench had observed that members of parliament, elected under political party manifestos, are not permitted to vote against their party.
Under Article 70, lawmakers must vacate their seats if they vote against the party that nominated them.
