Oath taking of 290 MPs challenged

Staff Reporter :
A group of pro-BNP lawyers on Sunday took an initiative for hearing of a four-year-old pending appeal before the Appellate Division of the Supreme Court challenging the legality of oath taking by 290 Awami League alliance lawmakers, who were elected in the polls held on December 30, 2018.

The leave to appeal petition was filed with the apex court on August 20, 2019 against the HC order that on February 18, 2019 summarily rejected a writ petition which challenged the legality of their oath taking on January 3, 2019.
The pro-BNP lawyers led by its Joint Secretary AM Mahbub Uddin Khokan on Sunday placed the appeal before the apex court chamber judge for its hearing.
Following a time prayer moved by Attorney General AM Amin Uddin, chamber judge of the Appellate Division Justice M Enayetur Rahim fixed Monday for hearing on the appeal.
Lawyer Mahbub Uddin Khokan told the reporters that oath taking by the 290 Awami League led alliance lawmakers, who were elected on December 30, 2018 in the 11th parliamentary election, on January 3, 2019, was unconstitutional as the tenure of the 10th parliament expired on January 28 the same year.

Therefore, there were two parliaments from January 3 to January 28 in 2019 which is unconstitutional, he said, adding that the BNP lawmakers had taken oath much later.
Supreme Court lawyer Taherul Islam Tawhid had filed the leave to appeal petition with the SC challenging the HC order that on February 18, 2019 rejected his writ petition over this issue.
During the hearing in the HC, Taherul’s lawyer Barrister A M Mahbub Uddin Khokan 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 Khokan said.
However, the 10th national parliament which first sat on January 29, 2014 was still existing during the oath taking of new lawmakers of 11th parliament as per Article 72(3) of the Constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.