Five people including chief election commissioner (CEC) have been served with a legal notice seeking repeal of the provision of Representation of the People Order, 1972 that makes 1 percent voter support mandatory for an individual who wishes to vie for the national election.
Along with the CEC, the notice issued on Sunday (Jul 14) was also served to four other people. They are -- three election commissioners and law secretary.
One Tufiqur Rahman sent the notice by post on behalf of a Supreme Court lawyer and retired army major, M Sarwar Hossain, who also sought candidacy in the Dec 30 election but failed.
The notice seeks annulment of Sections 12(2)(3a)(a) citing it as a major obstacle to race in the election.
The provision states that a list of signatures of one percent electors of the concerned constituency is required for an independent candidate to contest a general election.
The provision downgrades people’s right and it, too, isn’t applicable for the local government as well as directly contradicts with Article 66 of Constitution, according to the notice.
Article 66 states qualifications and disqualifications for the aspirant lawmakers.
The notice further said the military-back administration included the provision in 2007 aimed at depriving people’s rights.
Besides, when a voter signs for a particular candidate he/she risks revealing his/her support whereas ballot casting takes place in a secret room during a polls.
The notice asked the people concerned to revoke the provision within three months, or else petition would be filed with the top court challenging its legality.