Khandaker Delwar Hossain, BNP secretary general appointed by chairperson, yesterday questioned the legitimacy of the government and said the state of emergency was not promulgated as per the constitution.

He said the president cannot issue a proclamation of emergency without a prior counter signature of the prime minister.

“But the state of emergency was promulgated [on January 11. 2007] in absence of a prime minister and parliament Even the chief adviser hadHBtye^akcn oath." he added.

Citing constitutional provisions. Delwar said the validity of the emergency expires automatically 120 days after the promulgation. Talking to reporters at his Nam flat, he said running the country by laws formulated at will with the state of emergency in force is anything but consistent with the constitution.

"Besides, it is extra-constitutional for a non-elected government to have laws promulgated by the president taking advantage of the present circumstances,” he observed.

He said the military-backed interim administration is seeking to form “a rubber-stamp parliament by having its favoured candidates elected through farcical polls”.

Criticising the Election Commission (EC) for delimitation of parliamentary constituencies, he said it is deliberate and unlawful, and it would add to the uncertainty over holding of the national election.

"Only a parliament can reduce or increase the number or size of the constituencies," he said, adding that when preparations for the election have yet to be completed, new complications have been created in the name of redrawing

the boundaries of constituencies.

The BNP leader maintained that a free and fair election is not possible under the present chief election commissioner (CEC).

He said numerous cases would be filed against demarcation of the parliamentary seats and those would hinder the electoral roadmap.

Demanding release of all political leaders including Khaleda Zia and Sheikh Hasina, Delwar asked the government to create an atmosphere congenial to election by lifting the state of emergency immediately.

The caretaker government should move to hold the parliamentary election without delay and hand over power to elected representatives to overcome the prevailing crises, he continued.

"The present government has no right to make policy decisions or sign international treaties."

Among others, BNP standing committee member RA Gani, Joint Secretary General Selima Rahman and acting office secretary Rizvi Ahmed were present.