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secretary, saying that appropriate legal action will be taken if the oath taking held on January 3 is not cancelled or withdrawn by 9:30am on January 13.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

Pedestrian on the flyover is prohibited


As bikes and cars roll down the FDC exit ramp of Moghbazar-Mouchak flyover at speed, four children yesterday walk on the ramp ignoring the danger they are exposing themselves to. Pedestrian on the flyover is prohibited. Photo: Palash Khan
Today's Gallery (2020.01.19)

Photo of the day


As the sun sets over Meghna, fishermen bring out their small boats and set sail against the currents of the river. Photo: Titu Das
Today's Gallery (2020.01.18)

printing presses


Ahead of the January 30 Dhaka city corporation polls, many printing presses in the capital are passing busy hours bringing out leaflets and posters of political leaders and their parties. Some of the presses are running throughout the night to hit the production target. The photo was taken in Fakirapool area yesterday. Photo: Anisur Rahman
Today's Gallery (2020.01.17)

Photo of the day


AH, CHILDHOOD ... They may not grow up with toys and gadgets at their disposal, but that doesn’t stop their rich imagination from having a fun time. These children flinging sand into the air to play out a battle, as another watches from behind, was taken on the banks of Lalakhal in Jainta upazila of Sylhet. Photo: Sheikh Nasir
Today's Gallery (2020.01.16)

electronic voting machine


Election Commission officials show a man how to vote using an Electronic Voting Machine. The returning officer’s office of Dhaka South City Corporation organised the EVM show in the capital’s Kakrail area yesterday ahead of the January 30 city polls.
Today's Gallery (2020.01.15)

the buriganga second bridge


A cart with logs sticking out of it plying the Buriganga Second Bridge in the capital’s Babu Bazar area yesterday. Such slow-moving vehicles, which are often involved in accidents, are not allowed on the bridge. Photo: Anisur Rahman
Today's Gallery (2020.01.14)