A plea has been filed with the High Court seeking to stay the schedule of the 11th parliamentary election.
The writ moved by Supreme Court lawyer Eunus Ali Akond also sought the issuance of a rule to declare the schedule as illegal as it was announced without dissolving the national parliament as well as a stay on the election procedure until the issue is settled.
The chief election commissioner, cabinet secretary, law secretary and four others were made respondents to the rule.
“According to Section 123, the election should be held in the case of dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution or in the case of dissolution otherwise than by reason of such expiration, within ninety days after such dissolution. Since the Parliament has not been dissolved, so the upcoming polls is unconstitutional,” Akond told the media.
According to section 66 of the constitution, a person shall be disqualified for election as or for being, a member, if a person holding any office of profit in the service of the Republic or of a statutory public authority, the petitioner added.
According to the constitution, he further said, those who enjoy government perks and privileges cannot contest any election. “Now ministers and MPs of the present parliament are enjoying government perks and privileges, and they are going to contest the election, which is contradictory to the constitution,” he added.
Besides, if the election is held without dissolution of parliament, there will be two parliaments after the election, and the number of MPs will stand at 600. “But, according to section 65 of the constitution, the number of parliament shall be 300,” he added.