Bangladesh court weighs Article 70 challenge ahead of presidential election

Bangladesh’s High Court will rule Tuesday on a petition challenging Article 70 of the constitution and seeking to halt the Aug. 20 presidential election schedule.

Justices Khizir Ahmed Choudhury and AFM Saiful Karim set the ruling after hearings Monday. Article 70 requires lawmakers to vacate their seats if they resign from or vote against the political party that nominated them.

Petitioner Eunus Ali Akond argues the provision restricts lawmakers’ ability to carry out constitutional duties and undermines parliamentary independence. He filed the public interest litigation Aug. 13.

What is Article 70?

Article 70 of Bangladesh’s Constitution requires lawmakers to give up their seats if they vote against their party. Critics say this limits lawmakers’ independence and conflicts with Article 39(1), which guarantees freedom of thought and conscience. The July Charter proposed reforming Article 70 to give members of parliament greater freedom to vote according to their conscience.

Attorney general Md Ruhul Quddus Kazal urged the court to reject the petition, noting Akond previously brought a similar challenge that the High Court rejected and did not appeal.

The petition seeks a rule asking authorities why Article 70 should not be declared unconstitutional and an interim stay on the presidential election schedule.