Two Ganaforum MPs need party approval to join parliament

Two lawmakers of Ganaforum, a major partner of the Jatiya Oikyafront, cannot join parliament without the approval of their respective parties, according to experts. Mukabbir Khan, who has been elected from the Sylhet-2 constituency on the party's "rising sun" symbol, requires consent from his party, Ganaforum, to join Parliament. Sultan Muhammad Mansur, elected from Moulavi Bazaar-2, may need the consent of his party as well as the BNP, as he contested the polls on the BNP's "sheaf of paddy" symbol, they said.

Asked whether the Ganaforum lawmakers can join Parliament without consent of the BNP, Speaker Dr Shirin Sharmin Chaudhury, however, said that as far as her knowledge goes, there is no legal bar for their joining. Supreme Court Bar Association (SCBA) president, Advocate Zainul Abedin, said as long as Article 70 of the Constitution exists, both the lawmakers need the approval of their party to join Parliament.

Mukabbir Khan needs the approval of Ganaforum, but Sultan Muhammad Mansur has to take the approval of the BNP as he contested the polls with its poll symbol, he said.   

Advocate Khandaker Mahbub Hossain also said that they won’t be able to join Parliament without the consent of Ganaforum and the BNP.

Executive president of Ganaforum, Advocate Subrata Chowdhury, said: “They cannot join Parliament without our consent. There is legal bar on their joining Parliament, as both Ganaforum and the BNP has not taken any decision to join Parliament.” General secretary of Ganaforum, Mostafa Mohsin Montu, yesterday termed the news of its lawmakers joining Parliament as untrue and baseless.

“Ganaforum is yet to take any decision to join Parliament. The decision of the Jatiya Oikyafront not to join Parliament is still in force,” he said in a statement.

The Ganaforum leader also called upon all concerned not to make any misleading statements in newspapers.

Earlier, the two Ganaforum lawmakers expressed their wish to join Parliament, saying they are positive about joining the 11th Parliament.

The Jatiya Oikyafront rejected the elections over alleged engineering of votes, and decided that its nine lawmakers, including six of the BNP, would not take oath. The Oikyafront also demanded a fresh election under a non-partisan neutral government.

Article 70 of the Constitution says: “A person elected as a member of Parliament at an election in which he was nominated as a candidate by a political party shall vacate his seat if he – (a) resigns from that party; or (b) votes in Parliament against that party; but shall not thereby be disqualified for subsequent election as a member of Parliament.

The article has the effect of preventing free voting and crossing the floor by members of Parliament. If MPs vote against their party, they automatically lose their seats.

Former election commissioner, Brig. Gen. (Retd) M Sakhawat Hussain, said the lawmaker who won on the “sheaf of paddy” symbol, must get the approval of the BNP and his party, as he contested the polls on behalf of the BNP. The other MP only needs the approval of his party to join Parliament, he said.

The former army official also asserted that Parliament and the Election Commission should clarify the issue and give a legal explanation.

Two Ganaforum MPs need party approval to join parliament

Two lawmakers of Ganaforum, a major partner of the Jatiya Oikyafront, cannot join parliament without the approval of their respective parties, according to experts. Mukabbir Khan, who has been elected from the Sylhet-2 constituency on the partys rising sun symbol, requires consent from his party, Ganaforum, to join Parliament. Sultan Muhammad Mansur, elected from Moulavi Bazaar-2, may need the consent of his party as well as the BNP, as he contested the polls on the BNPs sheaf of paddy symbol, they said. Asked whether the Ganaforum lawmakers can join Parliament without consent of the BNP, Speaker Dr Shirin Sharmin Chaudhury, however, said that as far as her knowledge goes, there is no legal bar for their joining. Supreme Court Bar Association (SCBA) president, Advocate Zainul Abedin, said as long as Article 70 of the Constitution exists, both the lawmakers need the approval of their party to join Parliament. Mukabbir Khan needs the approval of Ganaforum, but Sultan Muhammad Mansur has to take the approval of the BNP as he contested the polls with its poll symbol, he said. Advocate Khandaker Mahbub Hossain also said that they wont be able to join Parliament without the consent of Ganaforum and the BNP. Executive president of Ganaforum, Advocate Subrata Chowdhury, said: They cannot join Parliament without our consent. There is legal bar on their joining Parliament, as both Ganaforum and the BNP has not taken any decision to join Parliament. General secretary of Ganaforum, Mostafa Mohsin Montu, yesterday termed the news of its lawmakers joining Parliament as untrue and baseless. Ganaforum is yet to take any decision to join Parliament. The decision of the Jatiya Oikyafront not to join Parliament is still in force, he said in a statement. The Ganaforum leader also called upon all concerned not to make any misleading statements in newspapers. Earlier, the two Ganaforum lawmakers expressed their wish to join Parliament, saying they are positive about joining the 11th Parliament. The Jatiya Oikyafront rejected the elections over alleged engineering of votes, and decided that its nine lawmakers, including six of the BNP, would not take oath. The Oikyafront also demanded a fresh election under a non-partisan neutral government. Article 70 of the Constitution says: A person elected as a member of Parliament at an election in which he was nominated as a candidate by a political party shall vacate his seat if he (a) resigns from that party; or (b) votes in Parliament against that party; but shall not thereby be disqualified for subsequent election as a member of Parliament. The article has the effect of preventing free voting and crossing the floor by members of Parliament. If MPs vote against their party, they automatically lose their seats. Former election commissioner, Brig. Gen. (Retd) M Sakhawat Hussain, said the lawmaker who won on the sheaf of paddy symbol, must get the approval of the BNP and his party, as he contested the polls on behalf of the BNP. The other MP only needs the approval of his party to join Parliament, he said. The former army official also asserted that Parliament and the Election Commission should clarify the issue and give a legal explanation.