Petitioner says election schedule is in violation of the constitution
A writ has been filed with the High Court seeking a rule inquiring why holding a national election with the parliament in place should not be declared illegal.
The petitioner has also sought a stay order on the schedule until the resolution of the rule.
The petition was moved by Supreme Court lawyer Eunus Ali Akond on Sunday.
The chief election commissioner, cabinet secretary, law secretary and four others were made respondents to the rule.
According to Section 123 (3) of the constitution, a general election of the members of parliament shall be held (a) in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution ; and (b) in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution, he pointed out.
“Since the parliament has not been dissolved, so the upcoming election is unconstitutional,” Akond told the press.
He also said that the schedule was a violation of article 66 of the constitution and section 12 of the Representation of the Peoples Order (RPO).
Section 66 of the constitution disqualifies persons who are holding an office of profit in the government or a statutory body from taking part in elections.
According to the constitution, Eunus said, those who enjoy government privileges cannot contest any election.
“Ministers and MPs of the parliament are enjoying government privileges, and they are going to contest the election, which is contradictory to the constitution,” he added.