A writ petition was registered yesterday with the High Court questioning the constitutionality of a provision in Representation of People Order, 1972 that requires an independent candidate to submit a list of signatures from 1% voters of the constituency.
Petitioner Eunus Ali Akond, lawyer of the Supreme Court, said the provision was contradictory to the constitution as it discriminates by allowing the candidate nominated by a political party not to submit the list of signature like an independent candidate.
In this regard, he cited article 27 of the constitution that states: “All citizens are equal before law and are entitled to equal protection of the law.”
The chief election commissioner and the law secretary were made respondents to the plea.
The disputed section 12(3a) (a) of RPO says: “Every nomination paper under clause (2) shall be delivered along with the following documents, namely – (a) in the case of an independent candidate, a list of signatures of 1% electors of the constituency concerned: Provided that such list need not be delivered if the independent candidate has previously been elected in any parliamentary election.”
