Re-balloting at three polling centres under Brahmanbaria-2 constituency, where voting was suspended during the December 30 election, will be held today.

In case of 100 percent turnout of 10,574 voters, BNP candidate Abdus Sattar Bhuiyan needs 208 votes while his nearest rival independent contender Moyeenuddin Moyeen needs 10,367 votes to win the election.

The three election centres are Jatrapur Govt Primary School, Bahadurpur Govt Primary School and Sohagpur Dakkhin Govt Primary School.

Re-voting is necessary as the margin of votes between Sattar and Moyeenuddin is 10,159, less than the total votes at the three centres. 

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.

The parliamentary election of Kishoreganj-1 constituency will be held on February 28.

Election Commission Secretary Helal Uddin Ahmed announced the schedule at a press briefing after a meeting at the Nirbachan Bhaban this evening.

The constituency has been vacant since January 3 as Syed Ashraful Islam, also former public administration minister, passed away at Bumrungrad International Hospital in Bangkok.

His death came just four days after he was elected MP in December 30 parliamentary election from Kishoreganj-1.

The EC Secretary also said the election will be considered as the fresh election as newly elected lawmaker from the seat Syed Ashraful Islam died before taking oath.

As per the schedule, the last date for submission of nomination paper has been fixed January 31, while nomination scrutiny on February 3 and last date for nomination withdrawal on February 10.

BNP candidate Abdus Sattar Bhuiyan has been elected in Brahmanbaria-2 following yesterday's re-polling in three centres of the constituency.

Sattar bagged 1,274 votes yesterday and won with a total of 83,997 votes.

His closest rival Moyeen Uddin, an independent, bagged a total of 75,419.

Sattar had already been leading the polls with 82,723 votes, said Election Commission officials.

The number of constituents under the centres was 10,572. Only 4,300 voted yesterday, said Returning Officer Hayat-Ud-Dwollah Khan as he announced the unofficial result.

There were a total 132 polling centres in Brahmanbaria-2.

Voting was suspended in three centres during the December 30 election due to violence. The centres are Jatrapur Government Primary School, Bahadurpur Government Primary School and Sohagpur Dakkhin Government Primary School.

Including this, eight lawmakers have been elected from the BNP-led Jatiya Oikyafront. The Awami League-led alliance won 288 seats.

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.