The High Court (HC) on Thursday questioned the legality of the clause of the Representation of the People Order (RPO), 1972, that barred a retired government service holder in participating National Parliament Election unless a period of three years has elapsed since the date of his resignation or retirement.
It issued a rule asking the concerned bodies to explain as to why clause 12(1)(f) of the Representation of the People Order, 1972, barring a retired government service holder in participating National Parliament Election unless a period of three years has elapsed since the date of his resignation or retirement should not be declared unconstitutional.
The High Court bench of Justice Zafar Ahmed and Justice Md Bashir Ullah passed the order after hearing a writ petition filed in this regard by retired Brigadier General Md Shamim Kamal.
Chief Election Commissioner, Law Secretary, Home Secretary, Public Administration Secretary, Local Government Secretary and Lalmonirhat Deputy Commissioner have been asked to respond to the rule within four weeks.
Barrister Hasan M S Azim appeared in the court hearing on behalf of the writ petitioner, while Assistant Attorney General Tamanna Ferdous represented the state.
Earlier on January 15 this year, the former military official filed the writ petition with the High Court challenging the provision of not allowing government officials to participate in the National Parliament elections right after retirement.
According to the 12(1)(f), “Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution:
Provided that a person shall be disqualified for election as or for being, a member, if he has resigned or retired from the service of the Republic or of any statutory public authority or of the defense service, unless a period of three years has elapsed since the date of his resignation or retirement.”
