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.

Awami League General Secretary Obaidul Quader today accused the BNP-led alliance of engaging in violence and carrying out bomb attacks realising imminent election defeat.

"The Jatiya Oikyafront lost its sense seeing huge public support for AL. Now, they are trying to trigger violence," he said after voting at Udayan Kindergarten polling centre in Basurhat municipality in the morning.

About 3,000 AL leaders and activists were injured until Saturday night but there is no report of injury from the opposition party, he claimed.

"The election is being held peacefully except for some stray incidents," Quader said. "I believe the voting will end peacefully ... [and] the people's expectation will be fulfilled."

Quader said he would accept the election result. "I am 100 percent hopeful about the AL-led grand alliance's victory," he said.

The first three hours were peaceful, even festive at times as people came in to cast their vote at the polling centres in the Lalmonirhat 3 constituency since early morning.

The presence of female voters was notable, all queuing up in front of polling centres around sadar upazila waiting for their turn.

Polling agents of BNP and Jatiya Party candidates Asadul Habib Dulu and Golam Mohammed Quader respectively were there.

But the scenario started changing radically from 11:00am as Awami League (AL) activists began to arrive. They started calling out to voters, telling them to leave while forcing out BNP agents. No BNP worker or leader returned fearing attacks.

In some centres even police carried out such acts, snatching voter lists from BNP agents.

A correspondent of The Daily Star was present in a polling centre set up inside Lalmonirhat Government High School.

The presiding officer there, Rakibuzzaman, had locked himself inside a classroom after suspending voting around 12:30pm while some 300-400 AL men clamoured inside the school.

A judicial magistrate arrived half an hour later and coaxed him out. A visibly shaken Rakibuzzaman informed that the voting boxes, stamps and ballot papers had been taken away by the AL men. The judicial magistrate then left.

“Voting has been suspended in consultation with the UNO (upazila nirbahi officer) as the situation here was tense,” Rakibuzzaman replied on request for a comment.

On what happened to the voting materials, he abruptly turned around and again locked himself inside the classroom.

By 1:00pm the scenario had turned grim in most of the upazila's 89 polling centres: either voting was suspended or they were occupied by the AL men.

A correspondent of The Daily Star witnessed a local AL leader, Sumon Khan, and his men take over the Khochabari Primary School centre around 11:00am. They forced all others out within half an hour.

Villagers of Kulaghat came rushing to the correspondent during a visit to inform that AL men wielding sticks had chased them away from a voting centre in the local high school. They said normalcy returned when the army arrived.

Villagers of Shakoa staged agitations on a road after police created panic by chasing away voters, some even to their doorsteps, from the Shakoa Taj Mahmud High School centre.

BNP's Rajpur union publication secretary, Tojammel Haque, 62, died in Rangpur Medical College Hospital around 2:00pm on suffering injuries during a clash between AL and BNP men at Paglarhat Government Primary School in the initial hours.

Voting at the centre was suspended for some time.

Election Commission (EC) Secretary Helal Uddin Ahmed today said the 11th parliamentary election held on Sunday will remain as a ‘bright example’ in national life.

“This is a huge event in the history of Bangladesh as the voting to the 11th parliamentary election took place in a very free, fair and peaceful environment under a political government,” he told reporters at the EC Secretariat here on the outcomes of the election.

He said many local and foreign observers have expressed their satisfaction over the voting.

Helal said the Awami League-led Grand Alliance gained a massive victory in this election to run the government for a straight three terms.

He also informed the media that so far the results to some 298 constituencies out of 300 have been announced since the election to three centres at Brahmanbaria-2 has been withheld. “There’ll be re-voting in these three centres.”

In Gaibandha-3 constituency polling was postponed as Dr ATM Fazle Rabbi of BNP-led 20-party alliance candidate died of old-age complications.

The EC Secretary extended gratitude to all the political parties, including Awami League, for taking part in this election amid festivity.

He said the Commission was taking preparations over the last one year to hold the election in a successful way and in this process they prepared voters list, completed delimitation of 300 constituencies, appointed the returning officers and assistant returning officers after announcement of the polls schedule, and held meetings with political parties.

Helal Uddin said about 15 lakh polling officials and members of law enforcement agencies were engaged to help hold the election in a free and fair manner with the participation of some 39 political parties and 1,846 candidates.

This election was a huge event in national life except some sporadic incidents as the EC has stopped polling at 22 centres for sporadic clashes and incidents out of the overall number of around 40,000 centres, he said quoting Chief Election Commissioner KM Nurul Huda as saying.

About the EVM use in voting, the EC Secretary said EVMs were used in six constituencies and there were curiosity, interest and anxiety over the use of these machines.

“But, we’ve been able to successfully use the EVMs…we’ll use EVMs in the upcoming elections. We will consider on how to get the results from these EVMs much earlier in the future,” he added.

Helal Uddin said the Commission is yet to calculate the overall percentage of votes casted in this election, adding their next big task will be to publish the gazette notification of the election results.

“Thus it will hand over it to the Speaker of Parliament for taking next steps and proceedings.”

The EC Secretary congratulated the Awami League for gaining the overwhelming victory side by side thanked the other political parties to cooperate with the EC for holding this election successfully.

BNP Secretary General Mirza Fakhrul Islam Alamgir was elected unofficially from Bogura-6 constituency in the 11th parliamentary elections held on Sunday.

Election Commission (EC) Secretary Helal Uddin Ahmed announced the unofficial results of all 141 polling centers of the constituency.

Fakhrul bagged 205987 votes with “sheaf of paddy” symbol while his nearest rival Jatiya Party candidate Nurul Islam Omar got 39,961 votes with “plough” symbol.

But, the BNP secretary general was defeated by AL candidate Ramesh Chandra Sen in Thakurgaon-1 constituency.

Sen bagged 2,25,795 votes with ‘boat’ symbol in all 175 centers while his nearest contestant Fakhrul got 1,27,067 votes with ‘sheaf of paddy’ symbol. Thakurgaon-1 constituency lies in Fakhrul’s home district.