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.

Transparency International Bangladesh (TIB) today demanded judicial probe over the reported violations during the 11th parliamentary election.

The anti-graft watchdog also voiced concern as the election was "questionable and debatable" due to allegations of violations of code of conduct, use of force, and death of 19 people.

In a statement issued today, its Executive Director Dr Iftekharuzzaman said: "The set of violence and multifaceted violations of election code that has raised doubts over the election and its results must be investigated impartially.”

He said: "We demanded that level playing grounds be created for all stakeholders from the beginning. However, news of attacks, repression and lawsuits intended to harass the candidates and their supporters of a contending alliance as reported by the national and international media is an ominous sign for democracy."

"Such harassment allegedly continued even the night before and day of elections. The most worrying fact is that people might lose their confidence on the system of democracy."

He goes on saying: "The way the chief election commissioner tried to shrug off the allegations that the polling agents of an alliance is embarrassing and the concern has deepened whether the commission could effectively carry out its constitutional duty."

“Ensuring justice through a judicial probe of the allegations will be of immense value for the credibility, self-confidence and public trust of a government that is being formed in the wake of an unprecedented outcome of an unprecedented election,” he added.

Jatiya Oikyafront Convener Dr Kamal Hossain yesterday called upon the voters to go to polling centres early in the morning and cast votes without fear.

“I urge the voters to go to polling stations early in the morning and cast ballots. Don't be afraid. If you go there, criminals will flee. They cannot withstand the people's strength,” he told a press conference at Dhaka Reporters Unity (DRU).

Replying to a query, the eminent jurist hoped people would vote for the Oikyafront candidates if today's election is held in a free and fair manner.

“If you talk to people, they will tell you that they want a change. We hope and believe that people will vote in our favour.” 

In a statement distributed at the briefing, the Gonoforum president called upon the young first-time voters to exercise their franchise.

“Keep in mind that if you are afraid, you are done; if you turn around, you are Bangladesh.”

Dr Kamal claimed that there are apprehension and confusion among people over the polls, and said this needs to be removed immediately.

“The polls will be held as the day breaks. There should have been a festive atmosphere now across the country. Instead, there are worries and confusion in people's mind.”

Dr Kamal, an architect of the country's constitution, called upon members of the army, the navy, police, Rab, Border Guard Bangladesh, Ansar, the VDP and Coast Guard to play a glorious role in the election like in the past.

“Your role in peacekeeping is being praised worldwide, and this has increased your scopes across the globe. You will remain careful so that it is not hampered in any way.”

The Oikyafront convener also urged Election Commission officials, returning officers and assistant returning officers to ensure people's voting rights.

“If you violate anyone's rights, remember that someone else is violating the rights of your mother, father, wife and children. If you do that, people, history and the law will not forgive you.”

Pointing to government employees, he said they do not belong to any party, and they serve people. “People are the owners of the country. Don't deprive them of the joy of casting votes.”

He also urged public officials not to abide by “any unlawful order”.

Responding to a query, the jurist said there is no division among the components of the Oikyafront. “Rather, our unity has been strengthened.”

About recent attacks on a number of Oikyafront candidates, he said, “I never saw or heard about such attacks and oppression in my life.”

He also reiterated that they would not quit the polls under any circumstances.

Speaking at the briefing, BNP Standing Committee Member Nazrul Islam Khan claimed that till Friday, 11,506 Oikyafront leaders and activists were arrested since the announcement of the election schedule on November 8.

He also alleged that Oikyafront men faced at least 2,896 attacks that left nine people dead and 13,252 others injured. 

Later, Dr Kamal and other top Oikyafront leaders held a view-exchange meeting with foreign journalists at the DRU. 

He briefed them about the attacks, cases and arrests of Oikyafront leaders and activists from November 8 to December 25.

The Oikyafront leader alleged that 2,833 attacks were made on the opposition men by Awami League men and police. At least, 12,923 people, including 49 Oikyafront contenders, were injured.

“Instead of being a time of festive competition, the campaign trail turned into a nightmare. The election road is pitted with serious obstacles, threats, intimidation and violent attacks against the opposition men,” he said.

Jatiya Oikyafront will brief media this evening on overall situation of today’s general election.

The press conference will be held at his Paltan office after 8:00pm today, the party sources said.

Earlier at a press briefing around 2:30pm, Oikyafront convener Dr Kamal Hossain said he was concerned over the election atmosphere.

The voting in the 11th parliamentary election ended in all the 300 constituencies across the country at 4:00pm.

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.