SC upholds HC verdict dismissing writ challenging validity of 290 lawmakers' oath-taking

The Supreme Court has dismissed the leave-to-appeal petition filed against the High Court's rejection of a writ challenging the validity of the oath-taking of 290 lawmakers after the 11th parliamentary election.

A seven-member appellate bench headed by Chief Justice Hasan Foez Siddique gave the order on Tuesday (1 August), confirmed Attorney General AM Amin Uddin.

Attorney General AM Amin Uddin represented the state while Barrister Mahbub Uddin Khokon stood for the appeal.

BNP leader Barrister Mahbub Uddin Khokon had filed the leave-to-appeal with Supreme Court on 20 August 2019.

AM Amin Uddin said, "As per the petitioner's statement, 290 MPs took oath before the end of the term of the previous parliament after the national election in 2018. It means there were 600 MPs at a time, which is against the Constitution."  

"Today, we told the Appellate Division about the parliament taking over. MPs took office from the day the first session of parliament was held. From that day onwards, the next parliament came into force," he added. 

"The President determines the date when the first session takes place in accordance with Article 72 of the Constitution. Here, we see that the first session of the 11th Parliament was held on January 30, 2019," Amin further said. 

The attorney general said the petitioners filed the writ only after reading a special article of the Constitution. They didn't follow the entire constitution. This writ has been filed as a result.

Earlier, on 27 July, the appeal hearing against the dismissal of the writ was filed challenging the validity of the oat taking of 290 lawmakers.

The hearing was resumed on 30 July but was postponed to today as one of the judges were sick.

The 11th national election was held on 30 December 2018, and the 290 members of parliaments took oath on 3 January 2019.

The 10th parliamentary election was held on 5 January 2014. The elected officials were sworn in on 9 January that year, and the first meeting of the parliament was held on 29 January.

According to Article 72 (3) of the Constitution, the term of parliament shall be counted for five years from the first sitting of parliament.

Considering this, Lawyer Taherul Islam Towhid filed a writ petition with the High Court on 14 January 2019, claiming that the oath-taking of the 11th Parliament took place before the end of the term of the previous parliament.

On 18 February 2019, the High Court dismissed the writ petition. The writ petitioner then filed a leave-to-appeal petition against the High Court's order on 20 September 2019.