Writ Perition for the suspension of Artile-70 of our Constitution

[Md Akmal]

@ Today, Election Commission has declared that President's election will be held on 29 April 2013 at Parliament house. Simultenously some Lawyer has submitted a writ petition for the suspension of the article 70 of our constitution. Can anybody say why this writ petition ? I think grave conspiracy is going on ? I think, PM does not have the confident even among their own MP's ????




70. Vacation of seat on resignation, etc.


(1) A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party. Explanation. - If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.
(3) If a person, after being elected a member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.

 

[the just]

AL style of taking complete control over parliament. subsequently controlling electoral system.and banishing anti AL mentalities from the country.in short-BAKSHAL.

 

[Md Akmal]

AL style of taking complete control over parliament. subsequently controlling electoral system.and banishing anti AL mentalities from the country.in short-BAKSHAL.

@ In Bengali it is known as " Faka mathe goal dewa " na thukko, " Mat dokhol kore nije faka mathe goal dewa".

 

[animelive]

Can anyone explain what effects will suspending this law do. preferably in short?

 

[asad71]

Could her anxiety be because she is going to propose an unlikely candidate? Rehana, for instance. Reports say Hamid will be the next Prez but he himself seems nervous.

 

[scholseys]

Can anyone explain what effects will suspending this law do. preferably in short?

It is known as the 'shotturer ko', if a parliament party votes against his/her own party in the parliament in any issue, he can be given boot from his/her parliament seat. It is not possible without prime minister's approval so this petition will remain a petition for a long time. Our prime minister holds more power in her country than lets say the saudi king in his, this is how powerful she is.

 

[animelive]

It is known as the 'shotturer ko', if a parliament party votes against his/her own party in the parliament in any issue, he can be given boot from his/her parliament seat. It is not possible without prime minister's approval so this petition will remain a petition for a long time. Our prime minister holds more power in her country than lets say the saudi king in his, this is how powerful she is.

So basically no one can go against his party according to this law?

 

[scholseys]

So basically no one can go against his party according to this law?

yes.........

 

[eastwatch]

I would like to say a few critical words on the Article 70 of the Constitution. Since I do not find any relation between the Presidential election and the Writ Petition, hence, I will not deal with that subject. A parliamentary system of governance has some basic concept which this Article 70 defies.

a) A Westminster style Parliamentary system implies or practices whereby a candidate for election in the Parliament is an INDIVIDUAL who may or may not be supported by a political party. It is incorrect to assume people have voted his/her party that has given him the nomination. It is the individual who are voted by the electorate to Parliament.

b) The elected MP has every right to cast yes or no vote to an issue depending upon the wishes of his own Constituent. He does not have to follow his party line. He has the right to contest or criticize a party decision in the party meeting. Usually, an MP abstains from voting in the Parliament when he cannot support his party line.

c) He can resign from his party that supported him in the election and can then remain independent or he can also join another party without losing his seat in the Parliament.

Article 70 was composed in order to satisfy the ego of the two women after the fall of Ershad. Only because of this Article, the PM of BD becomes a dictator and a tyrant. An MP cannot protest the decision imposed by the PM of his party because this will cause him/her to lose the MP seat.

President Badruddoza Chowdhury was ousted from his honorable post only at the whims of a self-centered and all powerful BKZ, thanks to Article 70. As far as I know, in the BNP Parliamentary Committee meeting, BKZ asked the participants to raise hands to support the Presidents expulsion. Except 10 or 15 MPs no one really wanted it to happen. But, every one was forced to raise hands one after another.

Note, it was not a secret ballot, but an open one, intentionally arranged so that no one dared to defy her wish. BNP specifically and the country in general are suffering from that Mohammadi Beg decision.

I believe unless this undemocratic Article is abrogated from the Constitution, there is no way the two parties will ever be democratic, and unless democracy is there in the party, there is very little chance democratic institutions will ever be established in Bangladesh.

 

[Md Akmal]

Can anyone explain what effects will suspending this law do. preferably in short?

@ Nobody can suspend this article as all most all the Judges of High Court/Supreme Court belongs to Awami Leaque lobby. So, Sk Hasina can do whatever she likes. I heard that she may nominate Shajeda Chow as the next President. So, as per this article all the members are bound to give their vote for this Shajeda if not they lose their membership.

So basically no one can go against his party according to this law?

@ Well, I can go but I lose my membership.

@ But that particular decision for which I voted is implemented by that time I am no more in my seat.

@ However as a whole party can cross the floor. I remember back in 1986 once Ershad was in power, 2 x MPs of BAKSHAL joined hands with Ershad (Jatia Party). The independent candidates can very well change their floor.

 

[animelive]

@ Nobody can suspend this article as all most all the Judges of High Court/Supreme Court belongs to Awami Leaque lobby. So, Sk Hasina can do whatever she likes. I heard that she may nominate Shajeda Chow as the next President. So, as per this article all the members are bound to give their vote for this Shajeda if not they lose their membership.



@ Well, I can go but I lose my membership.

@ But that particular decision for which I voted is implemented by that time I am no more in my seat.

@ However as a whole party can cross the floor. I remember back in 1986 once Ershad was in power, 2 x MPs of BAKSHAL joined hands with Ershad (Jatia Party). The independent candidates can very well change their floor.

That is a pretty cunning law for silent dictatorship. Who was the mastermind behind this?

 

[BanglaBhoot]

Article 70 was composed in order to satisfy the ego of the two women after the fall of Ershad. Only because of this Article, the PM of BD becomes a dictator and a tyrant. An MP cannot protest the decision imposed by the PM of his party because this will cause him/her to lose the MP seat.

You are suggesting that Article 70 was not there in its present from in the original constitution drafted by the Sheikh Mujib government. Could you inform me which amendment to the constitution introduced the changes to Art. 70 so it took on its present undemocratic form?

 

[Anubis]

WTF is this??What's the point in having a parliament full of 300 members then,if you cannot vote against a bill your party supports??

 

[Anubis]

You are suggesting that Article 70 was not there in its present from in the original constitution drafted by the Sheikh Mujib government. Could you inform me which amendment to the constitution introduced the changes to Art. 70 so it took on its present undemocratic form?

I am not very knowledgeable on this matters.But it seems it was replaced in the 4th Amendment(25 January 1975).And it was last amended(and got its present form) in the 11th Amendment(6 August 1991).

 

[the just]

Beginning of Ravan rajya.(je jae lonkae shei hoe ravan)good for SK h.now she can call her hindutva ram rajya counter part and give the good news.