The High Court (HC) today rejected a writ petition that challenged the legality of oath taking by lawmakers elected in the December 30 general election.

The court came up with the order saying that there is nothing illegal in taking oath taken by the lawmakers as they took charges of their offices on January 30.

The HC bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil passed the order.

Earlier on February 6, the court concluded hearing on the petition and fixed today (February 18) for passing an order.

On that day, AM Mahbub Uddin Khokon argued that oath taking by the lawmakers on January 3 was unconstitutional as the tenure of the 10th parliament expired on January 28.

“Therefore, there were two parliaments from January 3 to January 28 -- which is unconstitutional,” he told the court on February 6.

Attorney General MahbubeyAlamhad argued that as new lawmakers took charge on January 30, oath taking was not illegal.

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.

BNP yesterday lauded the Transparency International Bangladesh (TIB) study over irregularities in the December 30 national election and said it was a “cause for heartburn” for both the government and the Election Commission.

“The government's ministers and the Election Commission have been failing to hide their faces in shame as TIB has unveiled the absolute truth about vote rigging,” BNP's Senior Joint Secretary General Ruhul Kabir Rizvi Ahmed said yesterday.

Speaking at a press conference at the party's Nayapaltan central office in Dhaka, Rizvi said now their [the government and EC] efforts to conceal the truth has gone in vain as people are informed of everything that transpired the day before national election.

TIB, in its study on Tuesday, said electoral irregularities like stamping ballot papers the night before the polls and ballot stuffing by capturing booths on election day happened in 47 out of 50 constituencies that were surveyed at random.

Rizvi, also the spokesperson of BNP, said different international organisations have come up with reports on vote rigging in the December 30 national election while several democratic countries termed the election questionable.

“They did not recognise the fake election; they even demanded investigation into the allegation of vote rigging. World leaders have also described the election as the worst in history,” the BNP leader said.

Mentioning that people sacrificed their lives for the country's independence, Rizvi said they [people] will do the same, if necessary, for the sake of their voting rights and democracy.

Two Gonoforum lawmakers-elect yesterday wrote to the Speaker expressing their willingness to take oath on March 7.

Sultan Mohammad Monsur and Mokabbir Khan, presidium members of Gonoforum, took part in the December 30 national election as Gonoforum candidates, with the BNP's electoral symbol “sheaf of paddy”.

Asked about the matter, BNP Secretary General Mirza Fakhrul Islam Alamgir told The Daily Star that he did not know anything about the letter.

Senior Gonoforum leaders said they would take all kinds of actions against the two leaders if they took oath disobeying the party's decision.

Just around a month before the national election, the BNP, the Gonoforum and some other political parties had formed Jatiya Oikyafront.

Oikyafront leaders, including Dr Kamal Hossain, boycotted the polls results and called for a new election.

The BNP won only six seats against 289 by the ruling Awami League-led Grand Alliance.

All the six MPs-elect of BNP decided not to join the Jatiya Sangsad.

Talking to this newspaper, Sultan Monsur yesterday said Dr Kamal knew about their oath.

Mostafa Mohsin Montu, general secretary of Gonoforum, said the two leaders would violate the party's decision if they took oath.

“Our party has decided not to send the two MPs to parliament. We will take all necessary actions if they take oath.”

Montu also said the duo was misleading people by giving false statements.

If they took oath violating the party's decision, the Gonoforum would write to the Speaker to cancel their memberships for floor-crossing, he said.

Former Awami League leader Sultan Mansur, also an ex vice-president of Ducsu, was elected MP from Moulvibazar-2 and Mokabbir from Sylhet-2.

Soon after the December 30 election, the duo said Kamal was positive about their joining parliament.

On January 31, Kamal told journalists that the Gonoforum has informed the two about its decision that they should not take oath.