High Court issues split decision on validity of constitution’s Article 70

The High Court has issued a split decision on the constitutionality of Article 70, which requires members of parliament to vacate their seats for switching or voting against their parties.

Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal heard a petition on the matter on Monday before issuing the decision.

Justice Chowdhury issued a rule asking why the provision should not be considered unconstitutional, while Justice Kamal dismissed the petition.

The matter will now be brought to the chief justice, who will form a new bench to settle the issue.

Lawyer Yunus Ali Akondo filed the petition challenging Article 70 of the constitution on Apr 17 last year. He represented the petitioners at the hearing.

The constitution’s Article 70 states:

“A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he –

(a) resigns from that party; or

(b) votes in Parliament against that party;

but shall not thereby be disqualified for subsequent election as a member of Parliament.”

“A member of parliament is a representative of the people,” Akondo told the media.

“Article 70 is the main barrier to an MP expressing their feelings in opposition to that of their party in parliament because they must leave their seat when they do so. As such this article is undemocratic and contrary to the values of the constitution.”