The High Court on Monday said the government officials cannot contest the general election within three years of their retirement.
A bench of Justice Naima Haider and Justice Kazi Zinat Hoque came up with the order after rejecting a rule.
On January 19, the High Court issued a rule asking the government to explain as to why the provision of the Representation of the People Order (RPO) prohibiting the military and civil government officials in contesting the general election within three years of their retirement should not be declared illegal.
The court issued the rule after hearing a writ petition filed by former military officer Brigadier General Md Shamim Kamal challenging the provision that did not allow the government officers to participate in the parliamentary election within three years of their retirement.
The Chief Election Commissioner, secretaries to the Law Ministry, the Home Ministry, the Public Administration Ministry, the Local Government Ministry and the deputy commissioner of Lalmonirhat have been made respondents to the rule, which is returnable in four weeks.
According to the section 12 (1) (f) of the Representation of the People Order (RPO)-1972 the government employees, who have resigned or retired from any job of the republic or statutory government authority or the Department of Defence Service, won’t be able to participate in the national parliamentary elections until three years of resignation or retirement.
Challenging the law, former military officer Shamim Kamal filed a petition.
