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.

In the first parliament 45 years ago, none of the parties was recognised as official opposition due to their poor strength in the House.

The resounding victory of ruling Awami League-led alliance in Sunday's polls has diminished the scope for emergence of an official opposition in the new parliament.

The AL-led alliance together grabbed 288 seats out of 298 with the ruling party alone bagging 259 seats. The BNP-led alliance managed to secure only seven seats. [Election to Gaibandha-3 was rescheduled to January 27 following the death of a candidate and re-polling will take place in three centres in Brahmanbaria-2 on January 9.]

Against this backdrop, Jatiya Party may sit on the opposition bench in the new parliament to be formed with MPs-elect swearing in tomorrow.

The JP, a key component of the AL-led grand electoral alliance, emerged as the second largest party by obtaining 20 seats.

It needs at least five more to get official recognition as the opposition, according to the verbal directive given by Bangabandhu Sheikh Mujibur Rahman during a debate in the first parliament on April 12, 1973.

In the first parliamentary election held in 1973, the AL won 293 seats. The opposition parties -- Jatiya Samajtantrik Dal, Bangladesh Jatiya League, National Awami Party and others obtained only seven seats.

They extended their support to Jatiya League leader Ataur Rahman Khan and demanded that he be recognised as the leader of the   opposition.   

During the debate over recognition as opposition, Bangabandhu said a party could not be recognised as opposition if it did not have at least 25 MPs.

If any group has less than 25 MPs and at least 10 MPs, it can be termed a parliamentary group, not a parliamentary party, said Bangabandhu.

"The speech delivered by Bangabandhu Sheikh Mujibur Rahman is the only directive," wrote Khandaker Abdul Haq in his book "Parliamentary Practice and Procedure" published by the Jatiya Sangsad Secretariat in 2001.

"His directive has been derived from experiences of the Pakistan National Assembly and East Pakistan Provincial Assembly and it is consistent with the parliamentary culture of India and this sub-continent," wrote Haq, who was a senior official at the Parliament Secretariat.

If Bangabandhu's directive is taken into consideration, JP would need five more seats to qualify to become the opposition party in the new parliament. If JP is not the official opposition, none of its MPs could be the leader of the opposition.

The JP became the main opposition in the current parliament formed through the 2014 election, which the BNP-led alliance boycotted. It won 34 seats and its senior leader Raushan Ershad was recognised as the leader of the opposition with a status of a minister. Three JP MPs were also made ministers.

Their dual role has been criticised. The party could not play its due role as the main opposition in parliament in the last five years.

JP Secretary General Mashiur Rahman Ranga yesterday said his party would hold a joint meeting of the party's presidium members and MPs-elect today to decide whether it would join the government or sit on the opposition bench.

"We will also discuss it with the grand alliance," he said at a discussion at the party's Banani office.

Police evicted protesters demanding fresh election under a non-partisan caretaker government in front of Jatiya Press Club this morning.

Around 40 to 50 people under the banner of ‘National Unity for Franchise and Good Governance’ formed a human chain around 11:00am demanding re-election under a neutral caretaker government, our staff correspondent reports from the spot.

However, police evicted the protesters soon after they gathered there and snatched their banner, said ABM Mostofa Amin, the convener of the platform.

“We cannot accept the kind of rigging that took place in the 11th parliamentary elections. We demand a fresh election be held under a non-partisan caretaker government immediately,” he said.

He alleged that police foiled their peaceful demonstration with a “logical demand”.

THE ELECTION RESULT

The Awami League-led Grand Alliance secured a landslide victory in the national election held on Sunday, December 30, winning in 288 out of 300 seats in the Jatiya Sangsad.

HOW WAS THE ELECTION?

Voting for the 11th parliamentary election ended peacefully in Dhaka; but was tainted with violence elsewhere across the country and cost the lives of at least a dozen people.

Reports of casualties came in from Cumilla, Chattogram, Sylhet, Rajshahi, Dinajpur, Rangamati, Cox’s Bazar, Bogura, Noakhali, Narsingdi and Gazipur.

Allegations of vote rigging, election clashes, intimidation and irregularities came in from several other constituencies and capital Dhaka city.

Also, the election saw opposition candidates boycotting elections in at least 43 constituencies; 42 of who were Jatiya Oikyafront runners.

Condemning violence in Bangladesh, the United Nations has urged all sides to show restraint and ensure a peaceful post electoral environment in the country.

The USA and the European Union have also denounced violence over the just concluded parliamentary elections, and called for addressing all electoral complaints in a peaceful manner.

Welcoming the participation of all major political parties in the general election for the first time in 10 years, they said it was a positive development which reflected aspirations of people for democracy.

The spokesperson for UN Secretary-General Antonio Guterres in a statement on Monday said, “The United Nations is aware of violent incidents and reports of irregularities in the Bangladesh general election.”

The UN regretted the loss of life and injuries sustained by candidates and voters during the electoral campaign and on the voting day, it said.

US STATEMENT

The US in a statement yesterday commended the Bangladeshis who voted in the election as well as the decision of all major opposition parties to participate.

“The United States remains deeply invested in the future of Bangladesh and its democratic development. The United States is Bangladesh's largest foreign investor, largest single-country market for Bangladeshi exports, and home to a large community of Americans of Bangladeshi origin,” said Robert Palladino, deputy spokesperson of the US state department.

However, it expressed concern over reports of harassment, intimidation, and violence in the pre-election period saying that those incidents made it difficult for many opposition candidates and their supporters to meet, hold rallies, and campaign freely. “We are also concerned that election-day irregularities prevented some people from voting, which undermined faith in the electoral process.”

He said his country strongly encourages all parties to refrain from violence and request the EC to work constructively with all sides to address claims of irregularities.

“Bangladesh's impressive record of economic development and respect for democracy and human rights are mutually reinforcing, and we look forward to continue working with the ruling government and opposition towards advancing these interrelated goals,” reads the statement.

EU STATEMENT

The EU said the mobilisation of voters and the participation of the opposition in the polls reflected the people's aspirations for democracy.

“However, violence has marred the election day, and significant obstacles to a level playing field remained in place throughout the process and have tainted the electoral campaign and the vote,” an EU spokesperson said in a statement yesterday.

Maja Kocijancic, spokesperson for foreign affairs and security policy of the EU, in his statement said the relevant authorities should now ensure a proper examination of allegations of irregularities and commit to full transparency in their resolution.

Awami League General Secretary Obaidul Quader today said BNP has failed to plunge the December 30 national election into controversy even after knocking at the doors of its foreign friends.

“They (BNP) wrote letters to different countries to make the election questionable but their motive has gone in vain,” Quader, also the minister for Road Transport and Bridges, told reporters after visiting construction site of the second Kanchpur Bridge on Dhaka-Chattogram and Dhaka-Sylhet highways in Narayanganj’s Sonargaon upazila.

BNP also completely failed to ensure momentum of their anti-government movement as people did not take to the streets by responding their call, the Awami League leader said.

Replying to a query about BNP’s decision to refrain from participating in the upcoming upazila elections, the minister said no political parity can sustain without taking part in election.

He said the heads of different countries including UK and Switzerland welcomed Prime Minister Sheikh Hasina following the formation of government under her leadership for the fourth time.

Claiming that people would not throng the streets responding to the BNP’s call, Quader said BNP is engaged in negative politics and thus it will lose its foreign friends as well as the trust of the countrymen.