Tasmiah Nuhiya Ahmed of DOT :
Speaker Shirin Sharmin Chaudhury administered an oath to the new law makers who won in the 11th parliamentary election on January 3, following the publication of a gazette.
Following this, a High Court bench of justice Sheikh Hassan Arif and justice Razik Al Jalil on Monday set January 31 of this year for hearing a writ petition that challenged the legality of 300 members of parliament holding office before the expiry of tenure of the previous parliament.
On Sunday, Supreme Court lawyer Taherul Islam Tawhid filed the writ petition seeking a directive to MPs how they were holding office on January 3 before expiration of the previous parliament. Petitioner Mahbub Uddin Khokan told the court that the MPs violated Constitution taking oath on January 3 as the previous parliament will expire on January 29.
According to article 123 (3) of the Constitution of the People’s Republic of Bangladesh, a general election of the members of Parliament is required to be held within the period of ninety days preceding dissolution of a parliament in the case of dissolution by reason of the expiration of its term and our 11th Parliamentary election was held on 30th December 2019 as per the Constitution.
The fact is that the 10th parliament still exists and will continue till January 28 of this year as per article 72(3) of the Constitution of Bangladesh.
As per article 123 (3) of the Constitution, the persons elected in the 11th parliamentary election cannot assume office as members of Parliament except after the expiration of the term of 10th parliament.
On the other hand, article 148 (2A) provides that if, within three days next after publication through official Gazette of the result of a general election of members of Parliament under clause (3) of article 123, the person specified under the Constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of Parliament, on any account, the Chief Election Commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the Constitution for the purpose.
Therefore, the oath taking was held on January 3 in compliance with article 148 (2A) of the Constitution.
In this regard, Barrister Shafique Ahmed, a former Minister for Law, Justice and Parliamentary Affairs of the Government of Bangladesh also spoke with Daily Our Time and said that as per article 148 (2A) of the Constitution of the People’s republic of Bangladesh, after publication of the result of a general election through official Gazette the newly elected members of Parliament are supposed to take oath within three days.
However, article 148 (3) of the Constitution also provides that where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.
The new elects who have already taken oath on 3rd January 2019 may be deemed to have entered upon the office immediately after 3rd January, however; they cannot assume office as members of Parliament except on the convening of the parliament through an assigned date.
The writer is Executive Editor of Daily Our Time, and also anh Advocate of Bangladesh Supreme Court