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.

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.

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.

Leading Indian newspapers editorially commented today on the outcome of parliamentary elections in Bangladesh saying Prime Minister Sheikh Hasina's return to power is "good news" for relations with India, but cautioned against her government's "authoritarian" strait.

Hindustan Times termed Awami League's landslide victory in parliamentary polls as "stunning" and The Times of India described it as "massive" while The Hindu opined Hasina "remains immensely popular" on the back of a "formidable record of economic growth and social progress."

The editorial in Hindustan Times said "in the last decade of her rule, Ms Hasina has had a mixed track record. While Bangladesh's economy has surged ahead, her record on human rights leaves a lot to be desired."

"Even as Bangladesh is on the brink of shedding its tag of least developed country, the government has crushed all opposition forces in that country. Ms Hasina's regime has harassed journalists, arrested opposition leaders and remained passive to the killing of bloggers," it said adding "New Delhi would do well to quietly remind her from time to time to keep her authoritarian instincts in check."

The Times of India editorial said "it cannot be denied that Hasina remains a hugely popular and under her Bangladesh's economy has posted strong growth …and the country is poised to join the developing countries category by 2024."

It also said "Hasina and the Awami League have a secular vision for Bangladesh …Additionally, the Awami League dispensation has cracked down hard against Islamists and local terror cells. Plus, the ties between India and Bangladesh have soared under Hasina…"

Pointing out that "Hasina's return at the helm of Bangladesh should further aid New Delhi and Dhaka ties," the Times of India said "one of the issues the opposition campaigned on, justifiably, was the increasing authoritarian ways of the Awami League government. Hasina would do well to redress this quickly. Failing to do so would provide scope for the Islamists to stage a comeback."

The Hindu commented that the Awami League "set the agenda for the election and dominated the campaign. Still, the scale of the victory would have taken even her supporters by surprise."

However, it said "the government and the Election Commission could have held the election without being open to charges that it was manipulated" and asked the Election Commission to "conduct a fair investigation into allegations of rigging to restore faith in the poll process."

"There was a crackdown on the opposition in the run-up to polling day. Pro-opposition websites were taken down, thousands of activists were jailed, and political violence was unleashed to target BNP members. The situation was so grave that even one of the election commissioners said there was no level playing field. …Her otherwise impressive record has been marred by her government's authoritarian character.

"The (election) victory is a chance for Ms. Hasina to mend her ways, to be more inclusive and run a government that respects the rule of law, the basic rights of citizens and institutional freedom," The Hindu said.

It added that "For India, Ms. Hasina's victory is good news. New Delhi and Dhaka have deepened economic, security and strategic ties under her leadership. This should continue, no matter what the general election outcome in India in 2019."

The editorial in The Economic Times said the Hasina government's "strong arm measures that give the discredited opposition the chance to cry foul were eminently avoidable."

It said "the shrinking political presence of the Bangladesh Nationalist Party, which backs Islamists, will ensure that the country becomes far less hospitable to Islamists."

The newspaper said Sheikh Hasina's electoral victory "is important for New Delhi in the context of countering China's influence in the region. India must continue to partner Bangladesh in its economic growth, encouraging Indian companies to invest and working together in climate change, terrorism, migration and energy."