Noted jurist Ajmalul Hossain, QC on Thursday said there is nothing wrong with the unopposed election of 153 MPs in the January-5 national election as per the provision of the Representation of the People Order (RPO).
He came up with the observation as amicus curiae (friend of the court) during the hearing of a writ petition before the High Court challenging the legality of Article 19 of the RPO which allows the Election Commission to declare an MP contestant elected unopposed.
However, the observation contradicts the views of Dr Kamal Hossain, Rafique-ul Huq and Dr Badiul Alam Majumder as they opposed through their arguments as amici over the legitimacy of the MPs elected uncontested in the January 5 national election terming it voterless.
Ajmalul Hossain further argued before the HC bench comprising Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar that the gazette notification published over the last parliamentary elections has not been challenged.
Referring to a higher court case decision, he said only parliament can make law, not the court. The judiciary cannot ask parliament for making any law, he said.
Khandker Abdus Salam, a Jatiya Party leader, filed the petition with the HC court in December last year challenging the legality of Article 19 of the Representation of the People Order (RPO).
The JP leader had been disqualified from contesting the national election from a constituency in Gazipur on charge of defaulting bank loan.
The HC in February last in a rule asked the EC and the government to explain why the impugned RPO provision should not be declared unconstitutional.
Earlier, Dr Kamal Hossain had raised a question whether the 153 members of parliament (MPs) elected unopposed are public representatives.
Barrister Rafuque-ul Huq, former attorney general during HM Ershad’s military rule, had described the January-5 national election a mockery terming it selection than election as per the constitution.
He had also mentioned Article 65(2) of the constitution that stipulates the members of parliament shall be elected in accordance with the law from single territorial constituencies by direct election not selection.
Source: UNB Connect
