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High Court: Govt officials cannot contest general elections within 3 years of retirement

  • Separate writs were filed in this regard
  • Court concluded hearing in November
Update : 04 Dec 2023, 06:27 PM

The High Court ruled on Monday that government officials cannot participate in national parliamentary elections within three years of their retirement.

A High Court bench consisting of Justice Naima Haider and Justice Kazi Zeenat Haque issued the ruling after rejecting several writs in this regard.

Senior advocates Tania Amir, Prabir Niyogi and Mohammad Saeed Ahmed Raza appeared for the writs in the court.

Lawyer Khan Mohammad Shamim Aziz was there on behalf of the Election Commission, while Attorney General AM Amin Uddin and Deputy Attorney General Amit Das Gupta appeared for the state.

Section 12 (1) (f) of the Representation of the People Order (RPO) 1972 states that a person shall be disqualified for election as or for being a member if he has resigned or retired from the service of the republic or any statutory public authority or the defense service unless a period of three years has elapsed since the date of his resignation or retirement.

In the writs, the law ministry secretary, chief election commissioner, local government secretary, home secretary, public administration secretary and other related parties were made respondents.

Brigadier General (Retired) Md Shamim Kamal, Md Abdul Mannan, Ataur Rahman Pradhan and Ratan Chandra Pandit filed separate writs earlier this year seeking the repeal of the aforementioned law.

On November 29, the High Court concluded the hearing of the writ petitions.

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