BNP Standing Committee . member Barrister Rafiqul Islam Mia has dismissed Awami League's contention that the present Parliament has become 'illegal' after the vacation of 142 seats belonging to the Opposition.

Giving his reaction to The Daily Star on AL's resolution adopted at its central working committee meeting Sunday. Barrister Rafique said, "since the Opposition failed to perform the constitutional obligation by disre-

garding the public mandate and not going to Parliament, they are accountable to people for that.”

Barrister Rafique. who is also Minister for Housing and Works, claimed that the BNP had majority, in the House and was running the government constitutionally. Tn a parliamentary system, the majority party will rule — the minority party can never dictate terms and conditions to the ruling party.”

The AL. in its resolution, claimed that the Parliament became constitutionally Ineffective’ following the vacation of 142 seats and it was not capable of exercising its constitutional right to amend the Constitution and impeach the President.

Refutffig the claim. Rafique said that two-third majority in the Parliament was required only for amendment to the Constitution and for impeachment of the President. "However, if the Parliament loses that two-thlrd majority, by the voluntary act of the Opposition MPs. then the provision of Article 123 (4) will be applicable."

Article 123 (4) of the

Constitution says: An election to fill the seat of a member of Parliament shall be held within ninety days of the occurrence of the vacancy.

The BNP leader maintained that during the period of applying that constitutional provision, those two special rights of the House would not be effective, but for that, the majority party cannot lose Its right to rule.

"If Awaml League's contention is considered, then the minority will prevail upon the majority", he said asking, "what type of democracy would that be?"

Rejecting AL's demand for dissolving the Parliament, the BNP leader said, "we cannot lose our constitutional right for their fault — the Opposition MPs were given five years' mandate by the electorate, but they have violated that."

Barrister Rafique. pointed out that the President has no constitutional power to dissolve the parliament without the advice of the Prime Minister.

"Inviting the President to dissolve the Parliament is a total disregard to our parliamentary democracy", said Rafique quoting Article 48 (3) of the Constitution where President's function has been clearly defined.

Article 48 (3) says: In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of Article 56 and the Chief Justice pursuant to clause (1) of Article 95. the President shall act in accordance with the advice of the Prime Minister.