The High Court has rejected a writ petition filed by a Supreme Court lawyer challenging the legality of oath-taking of the newly-elected lawmakers before dissolution of the previous parliament.
A division bench comprising Justice Moinul Islam Chowdhury and Justice Md Ashraful Kamal passed the order on Thursday.SC lawyer Taherul Islam Towhid filed the writ with the HC, challenging the oath-taking on January 14.
The petitioner contended that the tenure of the 10th parliament will come to an end on January 29.
But, the MPs-elect of the 11th parliament took oath on January 3 and the new cabinet was formed on January 6. The cabinet members took oath next day.
On January 8, Taherul Islam sent a legal notice to the parliament Speaker, the chief election commissioner and cabinet secretary, asking them to cancel oath administered to the new MPs.
Barrister Mahbub Uddin Khokon who was defeated in the parliamentary polls as BNP candidate vying from Feni appeared for the petitioner.
He argued that lawmakers must hold office till the end of the parliament’s tenure.But Attorney General Mahbubey Alam argued that Taherul Islam has no legal ground to file a writ as he was neither an elected lawmaker nor a candidate in the 11th parliamentary polls.