Government officials cannot run for election within three years of retirement
Own Correspondent, Dhaka, 4 December 2023: The High Court has ruled that government officials cannot participate in the National Assembly elections within three years of their retirement. After three years, they can be elected as a member of parliament. A bench consisting of Justice Naima Haider and Justice Zeenat Haque of the High Court ruled on Monday, December 4, dismissing the rule regarding whether the provision of participating in the National Assembly elections within three years of retirement from government service is valid.
As a result, military-civilian government officials cannot participate in elections until they have completed three years of retirement. Earlier, the hearing of the High Court on the rule issued on the question of participation in parliamentary elections after three years of retirement from government service ended.
Senior advocate Prabir Niyogi, barrister Tania Amir and Mohammad Saeed Ahmed appeared for the writ in the court. Attorney General Abu Mohammad (AM) Amin Uddin and Deputy Attorney General Amit Das Gupta appeared for the state. Lawyer Khan Mohammad Shamim Aziz heard on behalf of the Election Commission.
According to Section 12(1f) of the Representation of the People Ordinance, no one can participate in the parliamentary elections unless three years have passed since his retirement from government service. Challenging this provision, Brigadier General (retd) Md Shamim Kamal filed a writ in the High Court this year.
The High Court ordered to issue a ruling on the preliminary hearing of the writ on January 19. The rule asked why that provision of the People's Representation Ordinance is not against the Constitution. Three separate writs filed this year on the same issue were ruled at different times. The hearing on the ruling on the separate writ began on November 7.
In this regard, Deputy Attorney General Amit Das Gupta said, the High Court heard the ruling in the context of four separate writs together. The hearing was held for five days.