The Election Commission (EC), after a three-hour hearing, yesterday set January 10 for a decision whether the parliamentary seat of Major (Retd) Akhteruzzaman would be declared vacant or not.

The hearing was held at the EC conference room with Chief Election Commissioner M A Syed In the chair. The three Election Commissioners -- Abidur Rahman. Moshtaq Ahmed Chowdhury and Shafiur Rahman - also heard the proceedings.

Akhteruzzaman, who was elected from Klshoreganj-2 constituency on a BNP ticket in 1996 general election, joined the 19th session of the seventh parliament on September 10 this year, defying a parly decision. He was expelled from the party on September 20.

Opposition Chief Whip Khandaker Delwar Hossain had filed a petition with the Speaker, seeking vacation of Aktheruzzaman's seat for joining parliament sitting violating the party decision. The Speaker referred the matter io the Election Commission for disposal.

During the hearing, Akhteruzzaman defended himself quoting from different Articles of the Constitution.

Appearing for the petitioner. Barrister Amlnu) Haq explained constitutional provisions and argued for vacation of the seat. Haq Is a lawmaker from opposition BNP.

"I didn't violate any Article of the Constitution by joining the proceedings. 1 did not violate the main sprit of Article 70 of the Constitution. Therefore, there Is no controversy over my parliamentary seal." Akhteruzzaman told the Commission.

"1 joined parliament proceedings in the greater Interest of Ihe nation as my party believes that the nation is greater than the party and the party is greater than individuals. 1 have to consider the interest of the nation more than that of the partv", he said.

He claimed that he was very much with BNP though tire party expelled him. "BNP expelled me but 1 did not resign from the party. Expulsion can not be considered as resignation." he said.

Akhteruzzaman blamed several party leaders for making the parliament ineffective '. He also suggested enactment of a new- lav/ to bar "polluted politicians from coming to national politics.He said Article 70 of the Constitution never bars him from Joining parliament proceedings whether he abides by the partv decision or not.

In his 14-page written deposi lion-Jie quoted from different Artic les <4 die Constitution and placed 20 argumenls for not vacating his seat.

He emphasized holding of a referendum in his constituency before vacating hls seat "As people of the constituency voted me to parliament to protect their Interest, il is my constitutional responsibility to attend parliament sittings." he said.

Barrister Aminul Haq submitted that BNP decided not to attend parliament session. But Akhteruzzaman "willfully and deliberately" attended the 19th session of the parliament for his personal interest, which is tantamount to violating party discipline. he added.

People of the constituency elected Akhteruzzaaman on the basis of the ideology, programme and manifesto of BNP and he obtained mandate of the people as a nominee of BNP.

So as soon as he joined the parliament sitting, he betrayed the mandate. By such conduct, he shall be deemed to havr resigned from BNP as per Article 70 of country's Constitution." he said.

Hao said Aktheruzzaman was formally expelled from the party and hls'primary membership was cancelled. Operation of S«?tlon 5(Gha)(2) of BNPs Constitution amounts to resignation of /Xkhteruzzaman from the party, Haqargued.

This provision was incorporated In BNP's Constitution to maintain ihe sanctity and sprit of Article 70 of country's Constitution.'Haqargued.