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Polls in 90 Days

Countdown starts tomorrow

Fresh debate over dissolution of JS

SHAKHAWAT LITON
The 90-day countdown to the next general election begins tomorrow, as stipulated in the constitution, triggering a debate whether parliament could be dissolved before the polls.
The next parliamentary polls according to the constitution must take place between October 27 and January 24, when the tenure of 9th Jatiya Sangsad ends.
Apart from the BNP-led 18-party opposition alliance, electoral experts and political analysts say it would be difficult to hold a free and fair parliamentary election with MPs remaining in office.
"As per the constitutional provision for holding the polls within 90 days before expiry of this Jatiya Sangsad's tenure, the countdown begins on October 27 [tomorrow],’ eminent jurist Shahdeen Malik told The Daily Star yesterday.
"After this option takes effect, we will have to hold the polls without dissolving parliament in the next 90 days."
He argued any move to dissolve parliament after tomorrow would be against the constitution.
Shahdeen Malik cited article 123(3) of the constitution that says if parliament is dissolved on expiry of its term, the general election will be held within 90 days preceding such dissolution. But in case of a dissolution otherwise, the polls will be held within 90 days after the dissolution.
Ruling Awami League lawmaker Suranjit Sengupta, a minister without portfolio, said there are two options in the constitution for the parliamentary elections. One is holding the polls without dissolving the House and other is after its dissolution.
"When one option takes effect, the other option becomes inoperative," said Suranjit, also a former chief of the parliamentary standing committee on the law ministry.
In his view, the Hasina administration from October 27 will turn into an interim government.
Law Minister Shafique Ahmed and AL lawmaker Abdul Matin Khasru, also legal affairs secretary of the ruling party, disagree with Suranjit and Shahdeen Malik.
They claimed the prime minister could advise the president to dissolve parliament even after October 27.
"However, one thing is clear: the general election must be held within 90 days since October 27," the law minister said.
He added the government will turn into an interim administration after the announcement of the election schedule by the Election Commission. He claimed the government can perform in full swing until the election schedule is announced.
Veteran jurist Rafique-Ul Huq does not see any legal complication in dissolving the House after October 27. "But it will be against the norms of democracy if the House is dissolved after October 27," he said.
In case of normal dissolution of parliament, the election will be held within 90 days before expiry of its tenure, he said. As per this provision, the next polls will be held anytime between October 27 and January 24.
But if the prime minister now announces that she would advise the president to dissolve the House any day before January 24, the last day of this parliament's term, the election will be held after parliament's dissolution on the date announced by the PM.
"If the prime minister wants to do so, she should make the announcement before October 27 [tomorrow]," heargued.
Prime Minister Sheikh Hasina on October 18 in a televised address to the nation proposed for an all-party election-time government.
But the size of the proposed cabinet and scope of work or who would be the head of the cabinet have yet to be specified.
Her archrival BNP chief Khaleda Zia has refused Hasina's offer and proposed for a non