Tweet
An appellate division of the Supreme Court here on Tuesday declared illegal a constitutional amendment that introduced the system of holding elections under caretaker Governments in Bangladesh, but said the next two polls “might be” held under the provision to avoid chaos.
The Supreme Court bench said the 13th amendment that introduced the existing system of caretaker Governments in 1996 was “ultra vires” or “beyond the powers” of constitution.
“The constitutional (13th Amendment Act, 1996) Act is prospectively declared void and ultra vires to the constitution,” read verdict of the six-member apex court division headed by chief justice ABM Khairul Haque against a 2004 HC judgement. But, the verdict reached by majority of the six-member apex court bench, said the next tenth and eleventh parliamentary elections set to held in 2013 and 2018 “might be” held under the existing caretaker Government system to evade chaotic situations.
The Supreme Court bench said the 13th amendment that introduced the existing system of caretaker Governments in 1996 was “ultra vires” or “beyond the powers” of constitution.
“The constitutional (13th Amendment Act, 1996) Act is prospectively declared void and ultra vires to the constitution,” read verdict of the six-member apex court division headed by chief justice ABM Khairul Haque against a 2004 HC judgement. But, the verdict reached by majority of the six-member apex court bench, said the next tenth and eleventh parliamentary elections set to held in 2013 and 2018 “might be” held under the existing caretaker Government system to evade chaotic situations.
