Staff Reporter :
A writ petition has been filed with the High Court challenging the legality of a clause of the Representation of the People’s Order (RPO), 1972 that asked an independent candidate to produce a document containing a list of signatures of one percent of voters of the concerned constituency.
Md Raihan Kawsar, a Supreme Court lawyer, filed the writ petition on Tuesday as a public interest litigation, said his lawyer Advocate Md Yousuf Ali.
The petitioner prayed to the HC to issue a rule upon the concerned bodies to explain as to why the Article 12(3a)(a) of the RPO, 1972 that asked an independent candidate to produce a document containing a list of signatures of one percent of electors of the concerned constituency should not be declared unconstitutional.
He also prayed to the court to stay the operation of the Article 12(3a)(a) of Representation of the People’s Order requiring an independent candidate to produce a list of signatures of one percent of electors of the concerned constituency till disposal of the Rule.
A direction has also been sought upon the Chief Election Commissioner (CEC) to accept the nominations submitted by all the independent candidates giving waiver of the requirement under Article 12(3a)(a) of the said Order.
Law Secretary and CEC have been made respondents in the petition.
Lawyer Md Yousuf Ali said the Article’s demand from the independent candidates is violation of fundamental rights guaranteed under Articles 27, 31, 39 and the basic structure of the Constitution of the country.
The lawyer said the petition will be placed in the High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque on Wednesday for hearing.
