Writ challenges legality of holding posts by MPs

After a writ seeking cancellation of their oath was turned down, another petition was filed with the High Court Division yesterday challenging the legality of holding posts by MPs of the 11th parliament. The writ of quo warranto filed by Supreme Court lawyer Tawhidul Islam also prayed in the writ for issuing a rule seeking explanation as to how the MPs of the 11th parliament are in their posts as they did not take oath as 'per the Constitution'.

The bench of Justice Sheikh Hassan Arifand Justice Razik-Al-Jalil is likely to hear the writ on Monday. Lawyer of the petitioner Barrister Mahbub Uddin Khokon said the HC on Thursday rejected the writ seeking its directives to revoke the oath-taking of the newly elected MPs stating that it was not pressed.

Court said the petitioner, Tawhidul, could not file the writ as he was not an MP or aggrieved person, he said.

"So, we've now filed a writ of quo warranto seeking explanation as to how the MPs of the 11th parliament are holding their posts whereas they were not sworn in as the Constitution," he added.

As per the previous writ, the Speaker administered oath to the new MPs on January 3 following publication of a gazette which is the violation of section 123(3) of the constitution as they were sworn in before the expiry of the 10th parliament.

The five-year tenure of the 10th parliament was supposed to end on January 28.

Writ challenges legality of holding posts by MPs

After a writ seeking cancellation of their oath was turned down, another petition was filed with the High Court Division yesterday challenging the legality of holding posts by MPs of the 11th parliament. The writ of quo warranto filed by Supreme Court lawyer Tawhidul Islam also prayed in the writ for issuing a rule seeking explanation as to how the MPs of the 11th parliament are in their posts as they did not take oath as per the Constitution. The bench of Justice Sheikh Hassan Arifand Justice Razik-Al-Jalil is likely to hear the writ on Monday. Lawyer of the petitioner Barrister Mahbub Uddin Khokon said the HC on Thursday rejected the writ seeking its directives to revoke the oath-taking of the newly elected MPs stating that it was not pressed. Court said the petitioner, Tawhidul, could not file the writ as he was not an MP or aggrieved person, he said. So, weve now filed a writ of quo warranto seeking explanation as to how the MPs of the 11th parliament are holding their posts whereas they were not sworn in as the Constitution, he added. As per the previous writ, the Speaker administered oath to the new MPs on January 3 following publication of a gazette which is the violation of section 123(3) of the constitution as they were sworn in before the expiry of the 10th parliament. The five-year tenure of the 10th parliament was supposed to end on January 28.