HC begins rule hearing on legality of RPO clause on retired govt officials

Staff Reporter :
The High Court on Tuesday started its hearing on a rule that questioned the legality of the clause of the Representation of the People Order (RPO), 1972, barring a retired government service holder to participate in National Parliament Election unless a period of three years has elapsed since the date of his resignation or retirement.

The High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque has started the hearing on the rule issued early of the year.

Deputy Attorney General Amit Das Gupta who represented the state during the rule hearing said, “Following separate writ petitions, different High Court benches issued rule questioning the RPO clause. Now all the rules will be heard in one bench.”
The High Court bench has adjourned its hearing till November 9, said the state lawyer.

On January 19 this year, a High Court bench issued 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 participating in the National Parliament Election unless a period of three years has 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 a 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 respond to the rules within four weeks.

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.”