HC discharges rule questioning RPO clause barring govt officials from elections

The High Court has declared valid under Constitution a provision of the Representation of the People Order (RPO), 1972, that barred a retired government service holder from participating in National Parliament Election unless a period of three years has elapsed since the date of his resignation or retirement.

The High Court on Monday discharged a rule, issued earlier, questioning the legality of the RPO clause.

The High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque delivered the verdict after hearing the rule.

Earlier on November 29, the High Court bench concluded its hearing on the rule and kept the matter for announcing the verdict.

According to the 12(1)(f), “Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution:

Provided that a person shall be disqualified for election as or for being, a member, if he has resigned or retired from the service of the Republic or of any statutory public authority or of the defense service, unless a period of three years has elapsed since the date of his resignation or retirement.”

Following a writ petition, a High Court bench on January 19 this year issued a rule asking the concerned bodies to explain as to why clause 12(1)(f) of the Representation of the People Order, 1972, barring a retired government service holder in participating National Parliament Election unless a period of three years has been elapsed since the date of his resignation or retirement should not be declared unconstitutional.

The High Court bench of Justice Zafar Ahmed and Justice Md Bashir Ullah issued the rule after hearing the writ petition filed in this regard by retired Brigadier General Md Shamim Kamal.

Some other HC benches issued the same rule following separate writ petitions filed by retired government officials Md Abdul Mannan, Ataur Rahman Prodhan and Ratan Chandra Pondit, said Mohammad Sayed Ahmed Raza, a counsel for Ataur Rahman.

Chief Election Commissioner, Law Secretary, Home Secretary, Public Administration Secretary, Local Government Secretary and others were asked to comply with the rules within four weeks.

The High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque held hearing on all the rules together and delivered its verdict on Monday.

Advocate Probir Neogi, Advocate Mohammad Sayed Ahmed Raza and Barrister Tania Amir appeared in the court hearing on behalf of the writ petitioners, while Attorney General AM Amin Uddin and Deputy Attorney General Amit Das Gupta represented the state.

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