Section 7
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Constitution of Bangladesh, 1972
Article 48(4), 52, 53, 56, 66, 119(1)(a), 133, 134 & 152
Presidential Election Act, 1991
Section 7
Anti-Corruption Commission Act, 2004
Section 9
General Clauses Act, 1897
Section 3(50)
The office of the President of the Republic is not an office in the service
of the Republic in respect of the Government of Bangladesh–– The
question arises as to whether the office of the President of the People’s
Republic of Bangladesh is an office of Profit in the Service of the
Republic or not. ––Sole Presidential Candidate Mr. Md. Shahabuddin does
not hold any office of profit in the service of the Republic as per the
definition provided in Article 152 of the Constitution. Therefore, he is
qualified for election to be a member of the Parliament.
In the case of President of the People’s Republic of Bangladesh,
Government of Bangladesh cannot appoint President. Removal procedure of the
President is also very stringent since he can be removed by impeachment by
two thirds majority of the total members of Parliament (Article 52 and 53
of the Constitution). Government cannot remove president at its will since
Government may be formed by simple majority of the members of Parliament
[article 56 of the Constitution]. So from the point of view of control over
the President by the Government, the office of the President can in no way
be termed as office of profit in the Service of the Republic in respect of
the Government. This position was also recognized in the case Abu Bakkar
Siddique Vs. Justice Shahabuddin Ahmed and Others reported in 49 DLR (HCD)
page 1. In this case it has been categorically held that the office of the
President of the Republic is not an office in the service of the Republic
in respect of the Government of Bangladesh. ––This petition is
dismissed with a cost of taka 1,00,000/- (one lac). The leave petitioner is
directed to deposit cost in the relevant head of the Republic exchequer
within 2(two) weeks from the date of receipt of the order. .....Adv. M.A.
Aziz Khan =VS= Election Commission, Bangladesh, (Civil), 2024(1) [16 LM
(AD) 538]
....View Full Judgment
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Adv. M.A. Aziz Khan =VS= Election Commission, Bangladesh |
16 LM (AD) 538 |