Legal experts say there is no constitutional bar to forming of the next government with the newly elected members of the 10th parliament within January 24 by the ruling party if the current parliament is dissolved.
The Awami League-led 14-party alliance have bagged more than two-thirds constituencies in the January 5 general elections. The ruling party held a high profile meeting last week and planned to form the government by January 24, when the tenure of the current parliament expires, if there is no constitutional bar.
According to article 123(3) of the constitution, under which the 10th national election was held, the newly elected persons cannot assume office as MPs until expiration of the existing parliament’s term.
The current parliament started its session on January 25, 2009, so it expires on January 24 this year.
Prof M Shah Alam, a member of the Law Commission, told the Dhaka Tribune: “Dissolution of the ninth parliament is the only solution to forming the new government with the MPs-elect, and there is no need to arrange another general election as polls have already been held.”
He said the ruling party could form the new government within January 24 if the prime minister advised the president to dissolve parliament. “In our constitutional scheme, the whole power revolves around the premier and the president has nothing to do but act in accordance with the [prime minister’s] advice.”
Barrister Rafique-Ul Huq, a former attorney general, said: “If Prime Minister Sheikh Hasina wants to form the new government within January 24, the ninth parliament must be dissolved.”
AFM Mesbahuddin, former additional judge of the High Court and senior lawyer of the Supreme Court, told the Dhaka Tribune: “According to the precedent of the Supreme Court, the Election Commission could publish the gazette notification of the election results – if any political party wins a majority – although results of a few constituencies have been postponed. The MPs-elect will then swear in through which the new government can be formed.”
Polls in centres of eight constituencies where voting was postponed because of violence will be held on January 16.