DHAKA: A writ petition was filed with the High Court on Sunday challenging the formation and oath of tenth cabinet.

The petitioner also challenged the legality of the publication of gazette notification of 290 parliamentarians and their oath.

The Supreme Court lawyer Dr Eunus Ali Akand filed the plea to the concerned department of the High Court.

Dr Eunus Ali Akand told banglanews: “As per the 72(3) of the constitution, expiration date of the parliament is of five years from the date of its first meeting which is yet to be completed. As per 123(3), new parliament cannot take charge till the expiration of previous parliament. As per 67(1), the seat will be declared vacant if the new parliament members do not take oath within 90 days from the date of the first meeting of Parliament after his election... Provided that the Speaker may, before the expiration of that period, for good cause extend it. And, as per 65(2), Parliament shall consist of three hundred members.”

He added that at present, the number of lawmakers in the country is 638.

He also said: “As per section 71(1) of the constitution, no person shall at the same time be a member of Parliament in respect of two or more constituencies. But, currently same person is a lawmaker of ninth and tenth Jatiya Sangshad and also two persons for one constituency which is a breach of the constitution.”

Dr Eunus also said that government should have to wait till January 25 to publish the gazette notification.

The writ petition was filed for all these violations of the constitution.

The writ petition sought HC directives on ‘why the publication of gazette notification and oath would not be declared as illegal?’ And it also sought a stay on the formation and swearing in ceremony of the ministers.

Law affairs secretary, cabinet secretary, Chief Election Commissioner, Election Commission, Speaker and Parliament affairs secretary were made defendant in the petition.

As per 148 (2(A)) of the constitution, there is a compulsion to take oath within three days of the publication of the gazette of JS election results and as per 72 (2), parliament shall be summoned to meet within thirty days after the declaration of the results of polling at any general election of members of Parliament.

The gazette was published on Wednesday declaring the names of 290 winners of tenth JS. Election in eight constituencies was postponed and results of Jessore-1 and Jessore-2 were omitted.

BDST: 1426 HRS, JAN 12, 2014
Edited By: Shameem Reza, Newsroom Editor/RS