SC lawyer again files writ challenging Article 70 of constitution

A Supreme Court lawyer filed a writ petition with the High Court today challenging legality of Article 70 of the constitution which deals with cancellation of membership of a lawmaker for voting against his or her political party, though this court had rejected a similar petition filed by him in 2018.
Lawyer Md Eunus Ali Akond, in today’s petition, said an Appellate Division bench led by the then chief justice Surendra Kumar Saha observed in the constitution’s 16th amendment case in 2017 that Article 70 of the Constitution is contradictory to the constitution, which has been upheld by the apex court recently.
“So, this article should be scrapped, and I have again filed the writ petition with the High Court challenging the legality of the article. The petition’s hearing may be held next week,” Eunus Ali Akond told The Daily Star today.
On August 18, 2018, the High Court rejected SC lawyer Eunus Ali’s writ petition that challenged legality of Article 70 of the constitution.
On that day, the HC bench of Justice Abu Taher Md Saifur Rahman passed the order saying 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 two-judge HC bench gave a split order on the same petition.
On April 18, 2017, the lawyer had submitted the petition with the HC 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.