Govt workers, military personnel must wait 3 years after retirement before running for parliament: HC

The High Court scrapped a petition challenging a section of the Representation of the People Order, 1972

Published : 4 Dec 2023, 08:00 AM
Updated : 4 Dec 2023, 08:00 AM

The High Court has rejected a petition challenging the law that bars government employees from running for parliament until at least three years after retirement.

As a result, no former military or civil government member may contest the upcoming general election until the allotted time has passed.

The bench of Justice Naima Haider and Justice Kazi Zinat Hoque issued the decision on Monday, scrapping a petition put before the court in January.

Barrister Tania Amir and Advocate Prabir Niyogi represented the petitioners in court, while Barrister Khan Mohammad Shameem Aziz represented the Election Commission. Attorney General AM Amin Uddin and Deputy Attorney General Amit Dasgupta represented the state.

Section 12 (f) of the Representation of the People Order, 1972 bars anyone who “has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement” from contesting an election for public office.

On Jan 15, Brig Gen (retd) Md Shamim Kamal challenged the law in a petition to the High Court.

The petition was heard on Nov 29, and the decision was set for Monday.