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secretary, saying that appropriate legal action will be taken if the oath taking held on January 3 is not cancelled or withdrawn by 9:30am on January 13.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

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

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


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

Leave your comments

Top News

Top News

Multimedia you may like

Photo of the day

Caption

Brazilian aerospace company Embraer conducted a demonstration flight of their E190-E2 aircraft from Hazrat Shahjalal International Airport yesterday, as part of a world tour. Executives from the company briefed local airline representatives, officials and press about the aircraft's features on the ground, before conducting the flight. The Embraer E190-E2 is classified as a medium range airliner, in the same class as the Airbus A220. The demonstration aircraft sported the vibrant “Profit Hunter” theme. COURTESY: Shadman Al Samee / PSBD
Today's Gallery (2019.03.22)

Photo of the day

Caption

Workers of a steel company gather their scrap metals from an overturned truck on Dhaka-Chattogram highway in port city's Colonel Hat area around 10am yesterday. The incident took place around three in the morning after the driver lost control over the vehicle. Rajib Raihan
Today's Gallery (2019.03.21)

Road safety movement

Caption

Students sit in to protest the death of Abrar Ahmed on Pragati Sarani.
Road Safety Movement

photo of the day

Caption

The first roadway slab being installed on the Jazira end of the Padma bridge in Shariatpur. The 2 metres in width and 22 metres in length slab was placed on the “7-F” span between pillar 41 and 42 yesterday. A total of 2,931 slabs will be set up on the 6.15km bridge. Photo: Farhana Mirza
Today's Gallery (2019.03.20)

Photo of the day

Caption

Fourth-grader Akhi joins her mother every day after school to lend a hand in the risky job of breaking bricks, just so her mother can go home a little sooner, after earning a daily income of Tk 250-300. Many workers in the profession are forced to use improvised protective gear as they are given none, leaving them susceptible to frequent injuries. The photo was taken from Bakchor area near Jurain recently. Photo: Anisur Rahman
Today's Gallery (2019.03.19)

oil and garbage

oil and garbage

Tags

Caption

Indiscriminate dumping of oil and garbage from steamers and other vessels worsening water quality of the capital's Buriganga. The photo was taken in Sadarghat area yesterday. Photo: Rashed Shumon
Today's Gallery (2019.03.18)