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18 January, 2019 00:00 00 AM
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HC rejects writ over oath taking

STAFF REPORTER, Dhaka

The High Court (HC) yesterday rejected a writ petition filed challenging the legality of oath-taking of lawmakers elected in the 11th Parliamentary Elections held on December 30. After completing hearing, an HC bench comprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal rejected the writ petition considering that the petition was not placed before it properly.

Lawyers concerned opined that the lawmakers elected in the 11th parliamentary election have no legal bar to perform their functions following the High Court order. During the hearing, petitioner’s counsel barrister AM Mahbub Uddin Khokon told the court that the oath-taking violated Articles 123(3) and 148(3) of the Constitution as the tenure of the 10th Parliament is yet to expire.

The five-year tenure of the 10th Parliament is supposed to end on January 28, he added. On the other hand, Attorney General Mahbubey Alam opposed the writ, saying it is not acceptable as the petitioner is neither an elected lawmaker nor has he contested the December 30 election.

Supreme Court lawyer advocate Taherul Islam Tawhid had, on Monday, filed the writ petition seeking the HC’s directive to revoke the oath of the MPs, saying they were sworn in illegally before the expiry of the 10th Parliament.

As per the writ, the Speaker administered oath to the new MPs on January 3 following publication of a gazette, which is violation of Section 123(3) of the Constitution as they were sworn in before the expiry of the 10th Parliament.

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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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