Hossen Sohel of DOT
The High Court has scrapped a writ petition that challenged the legality of new MPs taking oath before the conclusion of previous parliament, reports bdnews24.com.
Yesterday, the High Court bench of Justice Moinul Islam Chowdhury and Justice Md Ashraful Kamal dismissed the writ filed by Barrister Mahbub Uddin Khokon.
The writ will now be moved to a different bench, said Khokon.
The MPs elected in the elections held on Jan 5 of 2014, a poll boycotted by the BNP, were sworn-in to the 10th parliament on Jan 9 of that year.
The 10th parliament, which convened on Jan 29 of 2014, will come to the end of its term on Jan 29 of 2019.
As per the constitution, national elections must be held within 90 days before the term of the sitting parliament is set to expire.
The 11th general election on Dec 30 was held in line with the constitutional requirement. The MPs-elect were sworn-in to parliament on Jan 3 while the new cabinet was inaugurated on Jan 7.
However, on Jan 8, Supreme Court lawyer Taherul Islam Towhid sent a legal notice to the parliament speaker, the chief election commissioner and cabinet secretary, seeking the dismissal of oath-taking by new MPs.
The notice was issued by his lawyer Mahbub Uddin Khokhon, secretary of the Supreme Court Bar Association, who is also a joint secretary general of the BNP.
After the notice went unheeded, Towhid filed a writ petition before the High Court on Jan 14, challenging the legality of the swearing-in ceremony.
“According to Article 123(3) of the constitution, elected MPs must hold office until the parliament concludes its term. Therefore the Jan 3 swearing-in ceremony of MPs for the new parliament is in violation of the constitution,” said the writ petition.