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secretary, saying that appropriate legal action will be taken if the oath taking held on January 3 is not cancelled or withdrawn by 9:30am on January 13.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

severe gridlocks


Work of the much-awaited metro rail project progresses fast, but also at the cost of severe gridlocks on Kazi Nazrul Islam Avenue in Bangla Motor area. The photo was taken yesterday. Photo: Rashed Shumon
Today's Gallery (2019.04.21)

Photo of the day


A unique installation stands in the middle of the road in Shahbagh with the stoic face of a mannequin staring at citizens, saying “You don't have to clean up the mess, just don't make things worse. That's all, thanks.” The photo was taken yesterday. Photo: Prabir Das
Today's Gallery (2019.04.20)

Photo of the day


Children in Chattogram have resorted to the best way to beat the heat -- diving into the Karnaphuli. The photo was taken yesterday from the city's Fishery Ghat area. Photo: RAJIB RAIHAN
Today's Gallery (2019.04.19)

Bangladesh Water Transport Workers Federation Called Off Strike


Operations of passenger and cargo vessels resumed yesterday after Bangladesh Water Transport Workers Federation postponed their strike. The federation called the strike to press home their 11-point demand, including full implementation of the pay scale of 2016, stopping extortion and robbery in river transport, and providing appointment letters, identity cards and service books to transport workers. The photo was taken at Barishal terminal. Photo: Titu Das
Today's Gallery (2019.04.18)

charak puja


Devotees observe Charak Puja, a festival celebrating Hindu god Shiva, on Chaitra Sangkranti (last day of the Bangla year, April 13) in a village under Banshkhali Upazila of Chattogram. As part of the ritual, a man is suspended from a Charak tree and revolves around the tree mid-air seven times. A village fair is also held annually surrounding the festival. Photo: RAJIB RAIHAN
Today's Gallery (2019.04.17)

charred equipment and fabrics


Charred equipment and fabrics at a sweatshop on the sixth floor of the 10-storey Khan Mansion and City Park in the capital's Mirpur, where a fire broke out on Sunday. Fire fighters said the building was constructed without following the building code and had no fire safety measures. It took them around five hours to put out the flames. Photo: Rashed Shumon
Today's Gallery (2019.04.16)