Article 70 writ filed as Fakhrul set to win uncontested

With the presidential election scheduled for August 20 under the existing constitutional provisions, the contest is set to be effectively uncontested, as Article 70 of the Constitution bars lawmakers from crossing party lines to vote for a rival candidate.

Since the ruling BNP holds a two-thirds majority in Parliament, its nominee is virtually certain to win, regardless of whether any other candidate enters the race.

The issue has now moved to the courts. A writ petition was filed with the High Court on Thursday challenging both the election schedule and the constitutionality of Article 70, which prevents MPs from voting against their party’s position.

The petition seeks a suspension of the presidential election until the legal challenge is resolved. The High Court is expected to hear the matter on Sunday.

Advocate Yunus Ali Akand, who filed the petition at the relevant bench of the Supreme Court, named the law secretary, the secretary of the Parliament Secretariat and other officials as respondents.

He said the vote — scheduled for 2pm to 5pm on August 20, with 349 eligible voters according to the Election Commission — effectively strips lawmakers of a genuine choice.

“Because of the requirement under Article 70, a lawmaker from one party cannot vote for a candidate from another party, even if they are otherwise eligible to do so,” Akand said, adding that the provision runs counter to Article 102 of the Constitution as well as citizens’ fundamental rights and the broader spirit of democracy.

Legal experts have echoed similar concerns. Barrister Shishir Manir told the New Nation that although the Consensus Commission’s proposals and the July Charter had envisioned constitutional reforms within 180 days before key state appointments were made, that process has not been honoured.

He said the authorities never took oath before the proposed Constitution Reform Council and instead stepped away from that path, opting to hold the election under the old constitutional framework.

As a result, he said, Article 70 leaves MPs unable to vote freely, effectively denying them their democratic rights.

Article 70 stipulates that any lawmaker elected on a party ticket who later resigns from that party or votes against it in Parliament immediately loses their seat — though they remain eligible to contest future elections.

Critics argue that this clause, originally designed to curb floor-crossing, has the side effect of turning votes for high offices like the presidency into formalities whenever one party holds a commanding majority.

The vacancy at the heart of the election followed the resignation of President Mohammed Shahabuddin on July 24, reportedly on health grounds.

In response, the Election Commission announced the August 20 schedule, with nomination papers due by 4pm on Thursday, scrutiny set for August 16, and the withdrawal deadline on August 18.

On the political front, the BNP’s Standing Committee met on Thursday and, following the final approval of party Chairman and Prime Minister Tarique Rahman, formally nominated Secretary General and LGRD Minister Mirza Fakhrul Islam Alamgir as its presidential candidate.

Fakhrul, 78, who had served as BNP secretary general since 2016, resigned from both that post and his ministerial position immediately after the nomination, a move confirmed by Joint Secretary General Ruhul Kabir Rizvi.

The opposition has also entered the race. Following Shahabuddin’s exit, the 11-party alliance led by Bangladesh Jamaat-e-Islami named Colonel (retd) Oli Ahmad as its candidate.

Opposition Chief Whip Nahid Islam said the country had not seen a competitive presidential election in nearly 35 years, and that fielding a candidate was intended to strengthen democratic participation.

“The opposition did not want the election to be held uncontested. That is why we have nominated a candidate,” he said.

Even so, government officials have defended keeping Article 70 in place. Chief Whip of the Jatiya Sangsad Md Nurul Islam Moni said on Tuesday, after a meeting with ruling and opposition party representatives, Election Commission officials and Parliament Secretariat staff, that the provision would remain effective for this election, meaning any MP voting against their party’s decision would lose their parliamentary seat.

He said the ruling party’s own candidate had not yet been finalised, with the Prime Minister expected to announce the nominee on submission day.

Nurul added that voting would proceed by seat and division number, with media allowed to broadcast both the polling and the count live.

The Chief Election Commissioner will act as Returning Officer, supported by Election Commission and Parliament Secretariat staff. He also said there was no need for a separate Constitution Reform Council, arguing that necessary reforms could instead be carried out through amendments, citing India’s Constitution — amended 106 times since 1950 — as a precedent.

“We will implement every letter, full stop, comma and semicolon of the July Charter exactly as it is,” he said, adding that a new bill implementing the Charter would be tabled in Parliament’s next session.

With the High Court hearing looming and nomination papers due the same day, the coming days are expected to determine whether the August 20 vote proceeds as scheduled — or faces a legal roadblock over the very provision that critics say has made its outcome a foregone conclusion.