The BNP, who vehemently opposed the court’s ruling that scrapped the caretaker government system terming it interference, has requested that the High Court terminate the results of the recently concluded parliamentary poll.
The former opposition party filed a writ petition yesterday afternoon and urged the court to pass an order to hold a fresh election with the participation of all political parties and people.
Zainal Abdin Farroque, chief-whip of the opposition of the ninth parliament and central publicity secretary of the BNP, registered a writ petition amid the party's blockade programme on Sunday afternoon .
The petition says the oath taken by MPs is contrary to the constitution, as articles 123(3) and 148(3) make it clear that taking an oath means assuming office and the MPs of the 10th parliament cannot take over office until the ninth parliament expires on January 24.
Nasir Uddin Ahmed Ashim, the lawyer and central human rights secretary of the BNP, said the Election Commission issued the gazette notification in 289 constituencies with “malafide intention”, using it as an excuse of the ruling party to take the oath before January 25.
However, if the premier advised the president to dissolve the ninth parliament, the question could not be surfaced, he said.
Cabinet secretary, law secretary, Prime Minister Office secretariat secretary, Chief Election Commissioner, other election commissioners, speaker, parliament secretary and EC secretary were the respondents in the petition of Farroque.
Earlier in the morning, a Supreme Court lawyer challenged the legality of the Election commission’s gazette notification on the results of 289 constituencies of the 10th parliamentary elections, the MP’s oath taking, and the president’s call to form the new government in another writ petition. Eunus Ali Akond, the lawyer, said the new MPs can take oath within 90 days from the first session of the parliament, according to the article 67 of the constitution.
“As there is no time limit in the constitution and RPO, the EC may issue the notification after January 24,” said the petitioner.
