05:47 PM, January 08, 2019 / LAST MODIFIED: 06:02 PM, January 08, 2019

SC lawyer serves legal notice to cancel lawmakers’ oath-taking

A Supreme Court lawyer today sent a legal notice to the authorities concerned to cancel or withdraw the oath-taking of lawmakers elected in 11th national parliamentary election, saying that the oath-taking was a violation of the constitution.

Barrister AM Mahbub Uddin Khokon served the legal notice on behalf of Advocate Md Taherul Islam Tawhid to the Jatiya Sangsad speaker, chief election commissioner and cabinet secretary, saying that appropriate legal action will be taken if the oath taking held on January 3 is not cancelled or withdrawn by 9:30am on January 13.

The lawyer said in the legal notice that the January 3 oath taking of the persons elected in 11th national parliamentary election took place in violation of Articles 123(3) and 148 (3) of the constitution, as the tenure of 10th parliament is yet to expire.

Article 123(3) says, “A general election of the members of Parliament shall be held in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; and in the case of a dissolution otherwise than by reason of such expiration, within ninety 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.”            

Article 148 (3) stipulates, “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.”

In the legal notice, the lawyer said the 10th national parliament which first sat on January 29, 2014 still exists and will continue to do so till January 28 this year as per Article 72(3) of the constitution.

Until that period expires, the oath and assumption of the office of persons as MPs is not only a nullity in law but an absurdity as the MPs from the previous parliament are still holding office, he said in the legal notice.

Barrister Mahbub Uddin also said in the legal notice that the oath the persons elected in the 11th national parliamentary election has been administered illegally and all subsequent acts done by these persons including extending their support towards the appointment of prime minister, ministers and the formation of a government are also illegal.

Stay updated on the go with The Daily Star Android & iOS News App. Click here to download it for your device.

Type START <space> BR and send SMS it to 22222

Type START <space> BR and send SMS it to 2222

Type START <space> BR and send SMS it to 2225

Leave your comments

Top News

Top News

Multimedia you may like

the fish market

A large number of shoppers seen crowding close together at the fish market below Buriganga Bridge-2 in Adanagar area of South Keraniganj. Amid a countrywide surge in coronavirus cases and deaths, traders and shoppers alike are neither maintaining social distancing nor wearing masks. The photo was taken yesterday morning. Photo: Palash Khan
Today's Gallery (2021.06.26)

nature quest

A yellow-wattled lapwing spotted in the capital’s Purbachal recently. It is found mainly on the dry plains and has a sharp call and is capable of fast flight. Around Dhaka city, the only reported place where this species is found is the Purbachal area. Photo: Courtesy of SM Basitur Roshid
Today's Gallery (2021.06.25)

pedestrians dodge motorbikes

Pedestrians dodge motorbikes and a microbus which got on the pavement to get ahead of the gridlock on Panthapath-Tejgaon Link Road near Sonargaon intersection yesterday. The fish traders across the street are also drying fish waste on the pavement. Photo: Prabir Das
Today's Gallery (2021.06.24)

A physically challenged person

A physically challenged person, sitting on his wheelchair, holding a battery-run rickshaw from behind for faster movement, an act that poses a serious risk to his life. The photo was taken on Dhaka-Tangail highway in Ashulia recently. Photo: SK Enamul Haq
Today's Gallery (2021.06.23)

a trawler carries tree trunks

With the words “plant trees, save the environment” painted on it, a trawler carries tree trunks as saw mill owners bring in tree parts, used to make various furniture and other necessities, from from different corners of the country. The photo was taken at Buriganga river in Kamrangirchar area yesterday. PHOTO: PRABIR DAS
Today's Gallery (2021.06.22)

a mill worker pouring rice

A mill worker pouring rice, husked from Aman and Boro paddy, into a large basket which will be taken for sale to traders. The photo was taken from Brahman Kathi village in Barishal’s Banaripara upazila recently. Photo: Titu Das
Today's Gallery (2021.06.21)