Writ Filed Challenging Presidential Election Over Article 70

A writ petition has been filed with the High Court seeking the suspension of the announced schedule for the country’s 23rd presidential election, challenging the constitutional validity and application of Article 70. Supreme Court lawyer Advocate Yunus Ali Akand filed the petition on Thursday (August 13), triggering renewed political and legal debate over the presidential election. Article 70 provides that if a person elected to Parliament as a candidate of a political party resigns from that party or votes against it in Parliament, their membership of Parliament will be cancelled or their seat will be declared vacant. However, they will not be barred from contesting a subsequent election.

The petitioner argues that the provision deprives lawmakers of their fundamental right to vote independently or according to their conscience, which goes against the spirit of parliamentary democracy. The petition seeks urgent intervention from the court and the suspension of the election process. Meanwhile, today is the scheduled day for submitting nomination papers for the presidential election. According to the Election Commission’s schedule, candidates can submit their nomination papers from 10am to 4pm. The Election Commission Secretariat has appointed Chief Election Commissioner A. M. M. Nasir Uddin as the “Returning Officer.” The nomination papers will be scrutinised on August 16, while August 18 is the deadline for withdrawing candidacies. Voting for the presidency is scheduled for August 20.