SC lawyer serves legal notice to cancel lawmakers’ oath-taking

A Supreme Court lawyer today sent a legal notice to the authorities concerned to cancel or withdraw the oath-taking of lawmakers elected in 11th national parliamentary election, saying that the oath-taking was a violation of the constitution.

Barrister AM Mahbub Uddin Khokon served the legal notice on behalf of Advocate Md Taherul Islam Tawhid to the Jatiya Sangsad speaker, chief election commissioner and cabinet secretary, saying that appropriate legal action will be taken if the oath taking held on January 3 is not cancelled or withdrawn by 9:30am on January 13.

The lawyer said in the legal notice that the January 3 oath taking of the persons elected in 11th national parliamentary election took place in violation of Articles 123(3) and 148 (3) of the constitution, as the tenure of 10th parliament is yet to expire.

Article 123(3) says, “A general election of the members of Parliament shall be held in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; and in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution: Provided that the persons elected at a general election under sub-clause (a) shall not assume office as members of Parliament except after the expiration of the term referred to therein.”            

Article 148 (3) stipulates, “Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.”

In the legal notice, the lawyer said the 10th national parliament which first sat on January 29, 2014 still exists and will continue to do so till January 28 this year as per Article 72(3) of the constitution.

Until that period expires, the oath and assumption of the office of persons as MPs is not only a nullity in law but an absurdity as the MPs from the previous parliament are still holding office, he said in the legal notice.

Barrister Mahbub Uddin also said in the legal notice that the oath the persons elected in the 11th national parliamentary election has been administered illegally and all subsequent acts done by these persons including extending their support towards the appointment of prime minister, ministers and the formation of a government are also illegal.