Move triggers debate
The Members of Parliament-elect will take oath at the Parliament Bhaban in the capital today.
Speaker Shirin Sharmin Choudhury will administer the oath of office to the MPs-elect at 10am, said a press release issued by the Parliament Secretariat on yesterday.
However, questions have been raised whether taking oath by MPs-elect before the expiry of the current parliament on January 24 will be a violation of the constitution.
Some experts opined that in accordance with the constitution, the newly-elected lawmakers for the 10th parliament cannot take oath before the end of the tenure of the
9th parliament.
Article 123(3) of the constitution reads: A general election of the members of Parliament shall be held-(a) in the case of a dissolution by reason of the expiration of
its term, within the period of ninety days preceding such dissolution; and (b) in the case of a dissolution otherwise than by reason of such expiration, within 90 days
after such dissolution; provided that the persons elected at a general election under sub-clause (a) shall not assume office as Members of Parliament except after the
expiration of the term referred to therein”.
According to this clause of the constitution, the MPs-elect for the 10th parliament cannot take oath before the expiration of its term (January 24) as the January 5
poll was held in compliance with the sub-clause (a) of this clause, the experts said.
The oath-taking of the lawmakers will pave the way for the formation of the new government.
Talking to The Independent, AL leader Abdul Matin Khasru, MP, who is a former law minister, said on Monday that there is no option to form the new government before
January 24 as per Article 123 of the Constitution.
Jurist Barrister Rafique-ul-Huq said the government can form the new government after dissolving the 9th parliament, the tenure of which ends on January 24.
However, Legal Affairs Adviser to the Prime Minister, Barrister Shafique Ahmed, who was also a law minister, told The Independent that there is no constitutional
barrier to form the new government before January 24. “It will depend on the decisions of the Prime Minister and the Election Commission,” he said.
He also informed that the new government will form after the issuing of the gazette notification on the elections by the Election Commission. The Election Commission
(EC) published the gazette notification of 290 MPs- elect yesterday.
The MPs-elect include 153, who were elected unopposed, and the rest 137, who were elected on January 5 polls.
Election Commissioner Mohammad Shah Nawaz said the gazette notification for Jessore-1 and Jessore-2 constituencies will not be released for now.
The results of Jessore-1 and Jessore- 2 are withheld as EC has filed cases against the MPs-elect of those constituencies over allegation code of conduct violation.
Names of Afiluddin of Jessore-1 and Monirul Islam of Jessore-2 were dropped from the gazette following the allegations of violation of electoral code of conduct
against them. The EC has issued show cause notices on them. Re-election in some polling centres of the rest eight constituencies will be held on 16 January.
In accordance with the Article 148 (2) “Ka” of the constitution, the lawmakers-elect should take oath within the three days of gazette notification.
The first session of 10th parliament should also be summoned within 30 days after oath taking of lawmakers.
Meanwhile, Parliament Secretariat yesterday began sending letters to 290 MPs- elect by special messengers to take part in oath taking ceremony.
The Speaker yesterday afternoon visited the oath-taking room and Parliament Secretariat officials also have taken necessary preparation for the oath-taking.
Sources said the Cabinet Division will take initiative for oath of the new cabinet after the MPs-elect take oath. However, the date of taking oath by the new cabinet
members could not be ascertained.
The office of the opposition leader Khaleda Zia has been vacated in preparation for a new leader of the opposition.
Senior Presidium member of JP Rawshan Ershad is likely to be the leader of the opposition in parliament.
After December 29 elections of the ninth parliament in 2008, the newly elected lawmakers took oath after four days of the polls while the gazette was published after
three days.The first session of the ninth parliament began on Janaury 25 after 27 days of the elections.
This time the 10th parliament is likely to go into its first session on January 26, according to Parliament Secretariat.
Meanwhile, Prime Minister and Awami League president Sheikh Hasina, who has been elected MP from two constituencies in the 10th parliamentary election, has decided to
retain her Gopalganj-3 seat and leave the Rangpur-6 seat.
As per constitutional provision, she has to leave one seat, keeping the other.
In the both constituencies, Hasina outvoted Jatiya Party candidates.
Hasina secured 148,599 votes in Rangpur-6 constituency, while her rival Nur Alam Mia received 4,959 votes.
In Gopalganj-3 constituency, Hasina got 187,185 votes, while rival Sheikh Apu managed 2,430 votes
Courtesy of The Independent
