The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.

Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing  yesterday.

During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon 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 Khokon said. 

Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.

Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.

However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.

On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.

“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.

A group of foreign and local election observers, who monitored the December 30 parliamentary election, has termed the election free, fair, peaceful and on a par with major democratic countries in the world.

The foreign observers from Canada, India, Nepal and Sri Lanka, who came to Bangladesh at the invitation of  Election Monitoring Forum (EMF) and SAARC Human Rights Foundation (SHRF), also said the just concluded election was “much better” than past elections in Bangladesh and could be a “glowing example for other democratic countries”.

The foreign observers were speaking at a press conference held at Jatiya Press Club yesterday to share what they have seen during their daylong visit to nine polling centres in the capital on Sunday.

“This was a world standard election…We can compare this with the elections of major democratic countries,” said former president of Kolkata Press Club, Kamal Bhattacharya.

The senior journalist told Bangladeshi media that he had covered two past elections in Bangladesh as a reporter, and this time he came as an observer.

“I talked to a number of voters standing in queues and inside polling centres and no one told me they faced any threat, harassment or intimidation,” he said.

He said voters had trust and confidence in the Election Commission and authorities concerned that they would follow the best practices in the election; the arrangements helped voters to cast their votes smoothly and with safety.

Another observer from Nepal, Advocate Mohamadin Ali, said Bangladesh has set the best example of a high standard election.

Former minister and member of Nepal Communist Party, Hakikullah Musalman, said he was immensely impressed to see such a peaceful, disciplined and orderly election in Bangladesh.

Speaking at the press conference, Prof Mohammed Abed Ali, executive director of Election Monitoring Forum, informed that the forum is an association of 31 organisations and 26 NGOs registered under the Election Commission.

He said they deployed 5,765 observers in 214 constituencies out of 299, who visited 17,165 centres. Abed Ali said it was a peaceful election and it was far better than previous ones.

Director General of External Publicity Wing of the Foreign Ministry, Mohammad Sarwar Mahmood; Canadian observers Tania Dawn Foster and Chally Foster; Nepalese Communist Party member and former MP Nazir Mia; lawyer of Kolkata Judge Court Gautom Ghosh; writer and researcher from Sri Lanka Mohammed Ehsan Iqbal; and SAARC Human Rights Foundation's director Masum Chowdhury were also present at the press conference.

A Supreme Court lawyer yesterday filed a writ petition with the High Court, challenging the oath-taking of lawmakers elected in the December 30 polls last year.

Advocate Md Taherul Islam Tawhid submitted the petition to the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal.

Earlier in the day, another HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir Lytton refused to permit Advocate Taherul to move the same petition before it, saying that the petition is “premature” as all the elected lawmakers are yet to take oath, Barrister Saqeb Mahbub, a lawyer for the petitioner, told The Daily Star.

He also said the writ petition might be filed and moved today before the bench led by Justice Moyeenul Islam Chowdhury.

Barrister AM Mahbub Uddin Khokon appeared for the petitioner seeking permission from the HC benches to file and move the petition before the court.

Citing the petition, Barrister Shanjid Siddique, another lawyer for the petitioner, told this newspaper that oath-taking of the persons elected in 11th national polls violated articles 123(3) and 148(3) of the constitution, as the tenure of the 10th parliament is yet to expire.

Prime Minister Sheikh Hasina has said the people voted her party to power after evaluating the fruit of development borne in her previous terms.

“The countrymen have gained benefit of the development work of my government, and thus they cast their votes for us,” She told foreign observers today.

She was speaking to observers from at least 30 different countries during a view-exchange meeting at her official residence Gono Bhaban this evening.

Hasina, also president of the ruling Awami League, said she fought for holding the election in a transparent manner so that people can exercise their voting rights.

She said BNP-Jamaat led alliance has plunged into a setback in the just concluded election as they have indulged in the acts of terrorism and corruption.

The premier also drew attention of the international observers so that they can play a role form their respective levels to accelerate the repatriation process of the Rohingyas from Bangladesh.

The High Court yesterday rejected a writ petition that had challenged the legality of oath taking of the lawmakers elected in the December 30 polls.

A HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal passed the order considering that petition was not filed properly.

After the order, lawmakers elected in the 11th parliamentary polls have no bar to perform their duties, said Attorney General Mahbubey Alam.

Also read: HC order on petition against oath-taking of MPs today

On January 14, advocate Taherul Islam Tawhid filed the petition praying for a rule on the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to prevent the new lawmakers from discharging their functions.

Meanwhile, petitioner's lawyer barrister AM Mahbubey Alam told The Daily Star that they would file a fresh writ petition with the HC challenging the same issue.

The tenure of the 10th parliament will expire on January 28 and new lawmakers will take charge on January 30.