The High Court yesterday questioned the legality of the RPO provision which states that an independent candidate must secure signatures of one percent of the voters of a constituency to contest in an election.
The HC also asked the authorities concerned to explain why the schedule of the Barisal-5 constituency by-polls should not be declared illegal.
The HC came up with the rule after Eunus Ali Akond, a Supreme Court lawyer and an aspirant candidate for the by-polls, filed a writ petition as he could not secure the required signatures to contest in the by-polls of Barisal-5 constituency.  
The Chief Election Commissioner, secretaries to the ministries of law and home, divisional commissioner and deputy commissioner of Barisal have been asked to reply to the rule in four weeks.
In the petition, Eunus said a citizen of the country who is over the age of 25 can be elected as per the constitution.
But the RPO provision for independent candidates is arbitrary and contrary to the constitution, Eunus said.
The by-polls will be held on June 12. The constituency fell vacant after ruling party lawmaker Shawkat Hossain Hiron died on April 9.