Mahmudul Islam, constitution expert and also the former attorney-general, has said Article 19 of the RPO that allows a contender elected uncontested, was not contrary to the constitution.
He said: “This provision is necessary. It is valid and not contrary to the constitution.”
Mahmudul made the observation as an amicus curie (impartial adviser of the court) before the High Court bench of Justice Mirza Hussain Haider and Justice Khurshid Alam Sarkar on Wednesday morning.
While giving his opinion on the RPO provision, he told the HC bench: “The court can direct the parliament over the issue, but it should be on the basis of constitution.”
He, however, said the judiciary could not direct the parliament to amend or enact a law as the legislature was independent to make laws.
Earlier, Rokanuddin Mahmud, Dr Kamal Hossain, Shushashoner Jonno Nagorik (SHUJAN) Secretary Badiul Alam Majumder and Supreme Court lawyer Ajmalul Hossain QC put forward their views on the RPO provision that allows candidates elected unopposed.
Amici curiae M Amir-Ul Islam is yet to give his opinion over the issue. BNP leader Moudud Ahmed withdrew his name as amicus curiae citing personal difficulties.
The High Court sought opinions from the lawyers on whether the Representation of the People Order (RPO) provision was constitutional or not following a writ petition filed on December 17 by Jatiya Party Vice-Chairman Khandker Abdus Salam.
