A writ petition was filed again on Wednesday with the High Court challenging the legality of Article 70 of the Constitution, which pertains to the cancellation of a lawmaker's membership for voting against their political party.
Supreme Court Lawyer Md Eunus Ali Akond filed the writ on Wednesday.
The lawyer said that an Appellate Division bench, led by the then Chief Justice Surendra Kumar Saha, observed in the 2017 16th amendment case that Article 70 is contradictory to the Constitution. This observation has been reaffirmed by the apex court recently. So, this article should be scrapped, added the lawyer.
The petition's hearing likely to be held next week, he added.
On August 18, 2018, the High Court rejected Eunus Ali's writ petition that challenged legality of Article 70 of the Constitution.
On that day, the High Court bench of Justice Abu Taher Md Saifur Rahman passed the order.
The order mentioned that the court cannot interfere in Article 70 as this provision has been incorporated in the original Constitution of 1972.
The parliament members are elected from the political parties under their political manifesto and people elect them as per their political manifesto. So, the members of the parliament cannot vote against their political party, the court observed.
The court also said the writ petition is not acceptable as it has no substance.
According to article 70, a lawmaker has to vacate his or her seat if he or she votes in parliament against the party that nominated him or her.
Earlier on January 15, 2018, a 2-member High Court bench gave a split order on the same petition.
On April 18, 2017, the lawyer had submitted the petition with the High Court challenging the legality of Article 70 of the Constitution saying that the article is against the democracy and Article 7, 19, 26, 27, 44, 31 and 119 of the Constitution.
