BNP leader Zainal Abdin Farroque today filed a writ petition with the High Court seeking its directive on the authorities concerned to hold a fresh parliamentary election after canceling the January 5 polls.
He prayed for holding fresh election for the 10th parliament “in consonance with the constitution for ensuring the effective participation of the people and all political parties”.
Farroque, claimed to be a lawmaker and the opposition chief whip, in his petition challenged the legality of publishing the gazette notification on the results of January 5 election, and taking oath by lawmakers elected in this election.
He prayed to the HC to issue a rule upon the authorities to explain why publishing gazette on the election results on January 8 and subsequently taking oath by the elected lawmakers on January 9 should not be declared illegal.
He urged the court to direct the authorities not to invite the members of parliament to join the session of 10th parliament.
The petitioner said the Election Commission has issued the gazette on the election results and the lawmakers have taken oath before dissolving the current ninth parliament, which are contrary to the constitution.
The ninth parliamentary will be dissolved on January 24, and before dissolution of the current parliament, 10th parliament cannot take the charge, he said.
Secretaries to the cabinet division, ministry to the law, and prime minister’s office, Election Commission and secretary, Chief Election Commissioner, Speaker of Jatiya Sangsad and its secretary have been made respondents to the rule sought in the petition.
Barrister Nasiruddin Ashim, a lawyer for the petitioner, told The Daily Star that the HC might hear the petition tomorrow.
Earlier in the day, Supreme Court lawyer Eunus Ali Akond filed a separate writ petition with the HC challenging the legality of the government’s move to form the new cabinet on the basis of January 5 election.
He also challenged the legality of the publishing gazette on the election result by the EC on January 8.