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EC sits on election of 45 women MPs

JS may go into session without lawmakers elected to reserved seats

Shakhawat Liton
The ninth parliament may convene without the 45 women lawmakers in reserved seats as the Election Commission (EC) does not seem to have any plans to hold election to the seats before the inaugural session on January 25.
It means the new legislature might have to go into session before its full formation.
According to the constitution, parliament shall consist of lawmakers elected both directly and indirectly.
Citing a High Court (HC) ruling and constitutional provisions, legal experts said the establishment of parliament is never complete without members in the seats earmarked for women. They argue that sittings of the assembly should not commence before the election to reserved seats.
Speaking in return for anonymity, a noted jurist yesterday told The Daily Star that the EC
should immediately hold election to the seats to avoid legal crisis in future.
Since restoration of parliamentary democracy in 1991, all parliaments excepting the eighth opened with the women lawmakers in reserved seats.
The eighth parliament had to begin without women lawmakers as operation of the constitutional provision for reserved seats had expired with dissolution of the seventh.
However, a constitutional amendment in 2004 set aside 45 seats for women for the next 10 years and soon as many lawmakers joined the national assembly.
As per the constitution, parliament shall consist of 300 members to be elected in direct vote from single territorial constituencies and 45 reserved seats to be allotted to the political parties on the basis of their proportional representation in parliament.
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But sources in the EC Secretariat said the commission is relying on an electoral provision regarding the reserved seats, skirting around the constitutional stipulations.
The Jatiya Sangsad (reserved seats for women) Election Law states that the election would be held within 90 days after publication of the general election results in gazette.
"We have yet to decide on the election to reserved seats. We may begin the process after new parliament goes into session," Election Commissioner Sohul Hussain toldThe Daily Star Wednesday.
Referring to the electoral provision, he said the EC is not worried about the matter.
Last Sunday, Election Commissioner Brig Gen (retd) M Sakhawat Hossain said the election to reserved seats will be held after the January 22 upazila elections.
The EC discussed the issue at Wednesday's meeting, but did not take any decision, meeting sources said.
Referring to the High Court's verdict on the election to reserved seats, former attorney general Mahmudul Islam in his book “Constitutional Law of Bangladesh" said, "While the provision for reservation of seats was operative, Parliament could not sit unless the election for the reserved seats was held. The election of the reserved seats could not wait on die ground that some persons elected to the general seats had not made and subscribed the oath as otherwise even a single member of parliament could delay the sitting of parliament by not making and subscribing the oath."
The quote was from the book’s last edition that was published in 2003 when operation of the previous constitutional provision on the women's reserved seats had expired.
Explaining article 65 (2) (3) and 152(1) of the constitution, the High Court in its verdict said, “... thus the parliament for Bangladesh can be fully established only after general election of 300 representatives to be elected in accordance with law from single territorial constituencies by direct election and the election to the 30 [which is now 45| seats exclusively reserved for the women members to be elected by the members of the parliament elected from the single territorialconstituencies.''
Delivered on April 2,1991 by the bench of Fazle Hossain Mohammad Habibur Rahman and Mainur Reza Chowdhury, the verdict also read,"... the use of the expression first meeting of parliament in Article 67 (1) (a) of the constitution itself clearly indicates that even if some persons elected to the parliament fail to make and subscribe the oath or affirmation prescribed for members of parliament, election to the 30 seals exclusively reserved for women members under Article 65 (3) of die constitution shall take place so that the first meeting of parliament may take place as soon as possible after the general election."
Wording of the current and previous constitutional provisions for reserved seats however is almost same. The two differ mainly in the number of seats, which rose to 45 from 30.
The HC ruling came in response to a writ petition filed by a leader of HM Ershad-led
Jatiya Party immediately after the parliamentary election in 1991. The petition challenged the formation of new parliament and election to reserved seats, saying that some of their law-makers could not take oath due to their detention.
The court summarily rejected the writ.
ELECTIONS TO RESERVED SEATS
The available information shows that elections to reserved seats for women in parliament were held immediately after tire general elections and before inaugural sessions ofthe parliaments since 1991.
The fifth parliamentary election was held on February 27, 1991. Tire EC on March 9 announced tire schedule for the election to reserved seats. The polling day was April 4. and the then parliament went into session tire following day.
Tire seventh parliamentary polls were held on June 12, 1996. The EC announced the schedule for election to reserved seats on June 25. The date for election was July 7 while the seventh parliament convened on July 14.
The tenure of reserved seats expired with dissolution of the seventh parliament.Theeighth parliament did not have reserved seats till the constitution was amended to introduce a new provision in this regard in 2004.
The EC on August 2, 2005 announced that election to reserved seats would be held on September 6. The announcement came after tire then BNP-led alliance government had enacted the Jatiya Sangsad (reserved seats for women) Election Law.