Published: 12:15 AM, 19 August 2026
HC dismisses plea against Article 70, presidential election schedule
The High Court has summarily dismissed a writ petition challenging the validity of Article 70 of the Constitution -- which mandates the vacation of a parliamentary seat for voting against one's party -- alongside the schedule for the presidential election. The High Court bench of Justice Khizir Ahmed Choudhury and Justice AFM Saiful Karim passed the dismissal order on Tuesday, reports bdnews24.com.
The bench ruled the petition had no merit, noting parliament held the authority to decide on any amendment to Article 70.
Attorney General Md Ruhul Quddus Kazal argued the case for the state, assisted by Deputy Attorneys General Mamun Chowdhury and Akter Hossain Md Abdul Wahab.
Petitioner Eunus Ali Akond, a Supreme Court lawyer, represented himself in court, having lodged the public interest litigation on Aug 13.
The petition sought a rule asking why Article 70 should not be declared unconstitutional and why the Election Commission's Aug 6 schedule for the presidential poll should not be declared without lawful authority, alongside a stay on the election roadmap pending the rule.
Detailing the legal arguments presented in court, Kazal said the petitioner argued that Article 70 prevents MPs from acting or voting independently in parliament, leaving them no leeway to vote outside party lines in the presidential election, while also challenging the swift execution of the poll.
In response, the attorney general pointed out that Article 70 has remained in its current form since the original 1972 Constitution following independence.
Following the 1990 mass uprising, when the governance system shifted from presidential to parliamentary, the 12th Amendment went to a referendum, where a modified version of Article 70 received public approval before the 15th Amendment reinstated the original 1972 provision.
Kazal maintained that a constitutional provision endorsed by public referendum and standing intact for 54 years cannot be challenged for relief on the eve of an election.
He cited a 1991 precedent where the High Court, faced with a challenge to the Presidential Election Act, ruled that Article 70 in no way runs counter to the Constitution.
Addressing the timeline of the election, he told the court that Articles 50 and 123 of the Constitution lay down a maximum timeframe for holding the poll following a president's resignation, without barring an earlier election.
Parliament deemed it necessary to fill the post expeditiously, convening a session to arrange the poll strictly under constitutional rules, leaving the petitioner with no grounds for grievance.
Turning to the petitioner's history of litigation, Kazal brought up a 2017 challenge against Article 70 filed by the same lawyer, which was dismissed by a third High Court bench led by Justice ATM Saifur Rahman in 2018 following a split verdict, with the judge holding that the provision was not unconstitutional -- an order the petitioner never appealed.
Under High Court rules, once a petition is rejected, a fresh writ cannot be filed on the same issue without new grounds, the attorney general said.
He noted that two presidents have taken office over the past eight years, leaving no scope for further judicial review.
After the summary dismissal, Akond sought a certificate under Article 103 of the Constitution to appeal directly to the Appellate Division.
The court turned down the plea for a certificate after the state opposed it, pointing out that the higher judiciary had settled the matter conclusively.
On the court's observations, Kazal said the petitioner sought directions compelling parliament to amend Article 70, to which the state countered that the executive, judiciary, and legislature operate independently in a modern state structure, leaving constitutional amendments to parliament without judicial direction.
Referencing the July National Charter proposal to amend Article 70 cited by the petitioner, the court observed that parliament has already formed a special committee to update and amend the Constitution, meaning directives on parliamentary action fall outside judicial jurisdiction.
The Election Commission announced the presidential election schedule on Aug 6, setting the vote for Aug 20.
