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Reserved JS Seats

EC to seek expert opinion on polls

Staff Correspondent
The Election Commission (EC) yesterday decided to seek constitution experts' opinion on whether the EC is legally bound to hold election to 45 reserved parliamentary seats for women before the inaugural session of this parliament on January 25.
The EC, claiming that it is on the right track, remains firm on its stance to hold the polls after the new parliament goes into session.
"I will consult former attorney general Mahmudul Islam and seek his opinion on the matter," Election Commissioner Muhammed Sohul Hussain told The Daily Star yesterday after a meeting at the EC which discussed the election to the reserved seats.
Referring to a High Court (HC) verdict in this regard, former attorney general Mahmudul Islam in his book "Constitutional Law of Bangladesh" said, "While the provision for reservation of
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seals 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 the 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 is from the book's last edition in 2003. when operation of the previous constitutional provision on women's reserved seats had expired.
The EC, however, observed that the HC ruling on election to reserved seats is not applicable now, as there was no specific timeframe for holding the polls when the HC delivered the order.
Talking to The Daily Star Election Commissioner Sohul said the law on election to reserved scats was passed in 2004. The law said the election to the reserved seats would be held within 90 days after publication of results of general election in official gazette. So the HC ruling, which was delivered in 1991, is not applicable now. Sohul claimed.
The EC's decision means the new legislature will have to go into session before It is fully formed. According to the constitution, parliament shall consist of lawmakers elected both directlyand indirectly.
The election commissioner said it is true that the parliament shall consist of 345 lawmakers but there is no problem if the parliament goes into session before the election to reserved seats is held.
Election Commissioner
Brig Gen (retd) M Sakhawat Hossain echoed the view.
Delivered on April 2, 1991, by the HC bench of Justice Fazle Hossain Mohammad Habibur Rahman and Justice Mainur Reza Chowdhury, the verdict said,"...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 seats 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.”