Article 71: No MP for two constituencies

by Barrister Tahmidur Rahman | Oct 25, 2026

In forceThe LegislatureI: Parliament

Article 71 No MP for two constituencies

Bar against double membership

It ensures every constituency has its own full-time representative, while still letting prominent politicians test their support in several places. Voters in the released seats get a by-election.

Article 71 of the Constitution of Bangladesh: No MP for two constituencies
BALLOTCANDIDATEMULTIPLE SEATS
DECLARATIONCHIEF ELECTION COMMISSIONER
BALLOTBY-ELECTIONVACATED SEATS
OATHCHOSEN SEAT
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  1. A party leader files nominations in two or more constituencies. Article 71(2) allows this, so the candidate can appear on several ballots at the same general election. Voters in each constituency vote without knowing which seat the candidate will keep.

  2. Having won more than one seat, the candidate must deliver a signed declaration to the Chief Election Commissioner within 30 days after the last election, naming the constituency to represent. The other seats fall vacant on delivery.

  3. The Election Commission schedules by-elections for the seats given up. If no declaration is made in time, every seat won becomes vacant, and none can be kept. Each by-election is a fresh contest open to other candidates.

  4. Under clause (2)(c), the person may not make the oath of a member of Parliament until the declaration requirements have been met. After choosing the seat, the member is sworn in and can take part in the work of Parliament as the representative of that constituency.

In plain English

How Article 71 works

Article 71 stops anyone from being an MP for more than one constituency at the same time. A person may still stand as a candidate in two or more constituencies at the same election. If they win more than one, they must, within 30 days of the last result, give the Chief Election Commissioner a signed declaration naming the constituency they want to keep. The other seats then fall vacant and by-elections follow. If they fail to make the declaration in time, all the seats they won become vacant. They cannot take the oath as an MP until they have complied.

In practice

Senior politicians have often contested and won several constituencies at general elections, then kept one and released the rest, which leads to by-elections soon after the House first meets. Election reform discussions have periodically raised whether candidacy in multiple constituencies should be limited, given the cost of by-elections, but Article 71 has not been changed. The Representation of the People Order sets out the detailed election procedure.

The text

What Article 71 says

71. (1) No person shall at the same time be a member of Parliament in respect of two or more constituencies.

(2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for two or more constituencies, but in the event of his being elected for more than one –

(a) within thirty days after his last election the person elected shall deliver to the Chief Election Commissioner a signed declaration specifying the constituency which he wishes to represent, and the seats of the other constituencies for which he was elected shall thereupon fall vacant;

(b) if the person elected fails to comply with sub clause (a) all the seats for which he was elected shall fall vacant; and

(c) the person elected shall not make or subscribe the oath or affirmation of a member of Parliament until the foregoing provisions of this clause, so far as applicable, have been complied with.

English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.

Connected provisions

Related articles

Questions

Article 71: frequently asked questions

Can a candidate contest more than one seat in Bangladesh?

Yes. Article 71(2) lets a person be a candidate for two or more constituencies at the same time. If elected for more than one, the person must choose one seat within 30 days, and the others fall vacant.

What happens if a winner does not choose a seat within 30 days?

Under Article 71(2)(b), if the person fails to deliver the signed declaration to the Chief Election Commissioner in time, all the seats for which they were elected fall vacant, and by-elections are needed for each.

Sources

This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.

Constitutional and writ practice

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