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Govt officials barred from polls within 3yrs of retirement: HC

Published : Tuesday, 5 December, 2023 at 12:00 AM  Count : 163

The High Court (HC) on Monday dismissed a petition challenging the legality of the Representation of People Order (RPO) provision, which bars government officials from contesting national elections within three years of retirement.

Any government employees could not take part in the national election within three years of their retirement following the High Court verdict, lawyers concerned opined.

The HC bench comprising Justice Naima Haider and Justice Zinat Haque delivered the verdict rejecting separate writ petitions challenging the Representation of People Order (RPO) provision, which prohibited government officials from contesting the national elections in three years of retirement.

The HC observed that the former government officials are not ordinary citizens and they may have influence in the offices immediately after retirement.

So, there is no illegality in section 12(1) (f) of the RPO, 1972, that prohibited government officials from contesting Jatiya Sangsad election in three years after retirement, said Deputy Attorney General Amit Das Gupta.

On January 19, the High Court issued a rule asking the authorities concerned to explain as to why the provision of the RPO that barred the national election from being held within three years of retirement from government service should not be contradictory to the constitution.

The rule was issued at the primary hearing of a writ petition filed by a retired army officer.

Law secretary, chief election commissioner, local government secretary, home secretary, public administration secretary and Lalmonirhat deputy commissioner were made respondents to the rule.

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