The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.

Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing  yesterday.

During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.

According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.

“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said. 

Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.

Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.

However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.

On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.

“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.

Election Commission (EC) Secretary Helal Uddin Ahmed today said the 11th parliamentary election held on Sunday will remain as a ‘bright example’ in national life.

“This is a huge event in the history of Bangladesh as the voting to the 11th parliamentary election took place in a very free, fair and peaceful environment under a political government,” he told reporters at the EC Secretariat here on the outcomes of the election.

He said many local and foreign observers have expressed their satisfaction over the voting.

Helal said the Awami League-led Grand Alliance gained a massive victory in this election to run the government for a straight three terms.

He also informed the media that so far the results to some 298 constituencies out of 300 have been announced since the election to three centres at Brahmanbaria-2 has been withheld. “There’ll be re-voting in these three centres.”

In Gaibandha-3 constituency polling was postponed as Dr ATM Fazle Rabbi of BNP-led 20-party alliance candidate died of old-age complications.

The EC Secretary extended gratitude to all the political parties, including Awami League, for taking part in this election amid festivity.

He said the Commission was taking preparations over the last one year to hold the election in a successful way and in this process they prepared voters list, completed delimitation of 300 constituencies, appointed the returning officers and assistant returning officers after announcement of the polls schedule, and held meetings with political parties.

Helal Uddin said about 15 lakh polling officials and members of law enforcement agencies were engaged to help hold the election in a free and fair manner with the participation of some 39 political parties and 1,846 candidates.

This election was a huge event in national life except some sporadic incidents as the EC has stopped polling at 22 centres for sporadic clashes and incidents out of the overall number of around 40,000 centres, he said quoting Chief Election Commissioner KM Nurul Huda as saying.

About the EVM use in voting, the EC Secretary said EVMs were used in six constituencies and there were curiosity, interest and anxiety over the use of these machines.

“But, we’ve been able to successfully use the EVMs…we’ll use EVMs in the upcoming elections. We will consider on how to get the results from these EVMs much earlier in the future,” he added.

Helal Uddin said the Commission is yet to calculate the overall percentage of votes casted in this election, adding their next big task will be to publish the gazette notification of the election results.

“Thus it will hand over it to the Speaker of Parliament for taking next steps and proceedings.”

The EC Secretary congratulated the Awami League for gaining the overwhelming victory side by side thanked the other political parties to cooperate with the EC for holding this election successfully.

A group of foreign and local election observers, who monitored the December 30 parliamentary election, has termed the election free, fair, peaceful and on a par with major democratic countries in the world.

The foreign observers from Canada, India, Nepal and Sri Lanka, who came to Bangladesh at the invitation of  Election Monitoring Forum (EMF) and SAARC Human Rights Foundation (SHRF), also said the just concluded election was “much better” than past elections in Bangladesh and could be a “glowing example for other democratic countries”.

The foreign observers were speaking at a press conference held at Jatiya Press Club yesterday to share what they have seen during their daylong visit to nine polling centres in the capital on Sunday.

“This was a world standard election…We can compare this with the elections of major democratic countries,” said former president of Kolkata Press Club, Kamal Bhattacharya.

The senior journalist told Bangladeshi media that he had covered two past elections in Bangladesh as a reporter, and this time he came as an observer.

“I talked to a number of voters standing in queues and inside polling centres and no one told me they faced any threat, harassment or intimidation,” he said.

He said voters had trust and confidence in the Election Commission and authorities concerned that they would follow the best practices in the election; the arrangements helped voters to cast their votes smoothly and with safety.

Another observer from Nepal, Advocate Mohamadin Ali, said Bangladesh has set the best example of a high standard election.

Former minister and member of Nepal Communist Party, Hakikullah Musalman, said he was immensely impressed to see such a peaceful, disciplined and orderly election in Bangladesh.

Speaking at the press conference, Prof Mohammed Abed Ali, executive director of Election Monitoring Forum, informed that the forum is an association of 31 organisations and 26 NGOs registered under the Election Commission.

He said they deployed 5,765 observers in 214 constituencies out of 299, who visited 17,165 centres. Abed Ali said it was a peaceful election and it was far better than previous ones.

Director General of External Publicity Wing of the Foreign Ministry, Mohammad Sarwar Mahmood; Canadian observers Tania Dawn Foster and Chally Foster; Nepalese Communist Party member and former MP Nazir Mia; lawyer of Kolkata Judge Court Gautom Ghosh; writer and researcher from Sri Lanka Mohammed Ehsan Iqbal; and SAARC Human Rights Foundation's director Masum Chowdhury were also present at the press conference.

The parliamentary election of Kishoreganj-1 constituency will be held on February 28.

Election Commission Secretary Helal Uddin Ahmed announced the schedule at a press briefing after a meeting at the Nirbachan Bhaban this evening.

The constituency has been vacant since January 3 as Syed Ashraful Islam, also former public administration minister, passed away at Bumrungrad International Hospital in Bangkok.

His death came just four days after he was elected MP in December 30 parliamentary election from Kishoreganj-1.

The EC Secretary also said the election will be considered as the fresh election as newly elected lawmaker from the seat Syed Ashraful Islam died before taking oath.

As per the schedule, the last date for submission of nomination paper has been fixed January 31, while nomination scrutiny on February 3 and last date for nomination withdrawal on February 10.