The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.

Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing  yesterday.

During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.

According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.

“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said. 

Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.

Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.

However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.

On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.

“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.

In the first parliament 45 years ago, none of the parties was recognised as official opposition due to their poor strength in the House.

The resounding victory of ruling Awami League-led alliance in Sunday's polls has diminished the scope for emergence of an official opposition in the new parliament.

The AL-led alliance together grabbed 288 seats out of 298 with the ruling party alone bagging 259 seats. The BNP-led alliance managed to secure only seven seats. [Election to Gaibandha-3 was rescheduled to January 27 following the death of a candidate and re-polling will take place in three centres in Brahmanbaria-2 on January 9.]

Against this backdrop, Jatiya Party may sit on the opposition bench in the new parliament to be formed with MPs-elect swearing in tomorrow.

The JP, a key component of the AL-led grand electoral alliance, emerged as the second largest party by obtaining 20 seats.

It needs at least five more to get official recognition as the opposition, according to the verbal directive given by Bangabandhu Sheikh Mujibur Rahman during a debate in the first parliament on April 12, 1973.

In the first parliamentary election held in 1973, the AL won 293 seats. The opposition parties -- Jatiya Samajtantrik Dal, Bangladesh Jatiya League, National Awami Party and others obtained only seven seats.

They extended their support to Jatiya League leader Ataur Rahman Khan and demanded that he be recognised as the leader of the   opposition.   

During the debate over recognition as opposition, Bangabandhu said a party could not be recognised as opposition if it did not have at least 25 MPs.

If any group has less than 25 MPs and at least 10 MPs, it can be termed a parliamentary group, not a parliamentary party, said Bangabandhu.

"The speech delivered by Bangabandhu Sheikh Mujibur Rahman is the only directive," wrote Khandaker Abdul Haq in his book "Parliamentary Practice and Procedure" published by the Jatiya Sangsad Secretariat in 2001.

"His directive has been derived from experiences of the Pakistan National Assembly and East Pakistan Provincial Assembly and it is consistent with the parliamentary culture of India and this sub-continent," wrote Haq, who was a senior official at the Parliament Secretariat.

If Bangabandhu's directive is taken into consideration, JP would need five more seats to qualify to become the opposition party in the new parliament. If JP is not the official opposition, none of its MPs could be the leader of the opposition.

The JP became the main opposition in the current parliament formed through the 2014 election, which the BNP-led alliance boycotted. It won 34 seats and its senior leader Raushan Ershad was recognised as the leader of the opposition with a status of a minister. Three JP MPs were also made ministers.

Their dual role has been criticised. The party could not play its due role as the main opposition in parliament in the last five years.

JP Secretary General Mashiur Rahman Ranga yesterday said his party would hold a joint meeting of the party's presidium members and MPs-elect today to decide whether it would join the government or sit on the opposition bench.

"We will also discuss it with the grand alliance," he said at a discussion at the party's Banani office.

Prime Minister Sheikh Hasina has said the people voted her party to power after evaluating the fruit of development borne in her previous terms.

“The countrymen have gained benefit of the development work of my government, and thus they cast their votes for us,” She told foreign observers today.

She was speaking to observers from at least 30 different countries during a view-exchange meeting at her official residence Gono Bhaban this evening.

Hasina, also president of the ruling Awami League, said she fought for holding the election in a transparent manner so that people can exercise their voting rights.

She said BNP-Jamaat led alliance has plunged into a setback in the just concluded election as they have indulged in the acts of terrorism and corruption.

The premier also drew attention of the international observers so that they can play a role form their respective levels to accelerate the repatriation process of the Rohingyas from Bangladesh.

Leading Indian newspapers editorially commented today on the outcome of parliamentary elections in Bangladesh saying Prime Minister Sheikh Hasina's return to power is "good news" for relations with India, but cautioned against her government's "authoritarian" strait.

Hindustan Times termed Awami League's landslide victory in parliamentary polls as "stunning" and The Times of India described it as "massive" while The Hindu opined Hasina "remains immensely popular" on the back of a "formidable record of economic growth and social progress."

The editorial in Hindustan Times said "in the last decade of her rule, Ms Hasina has had a mixed track record. While Bangladesh's economy has surged ahead, her record on human rights leaves a lot to be desired."

"Even as Bangladesh is on the brink of shedding its tag of least developed country, the government has crushed all opposition forces in that country. Ms Hasina's regime has harassed journalists, arrested opposition leaders and remained passive to the killing of bloggers," it said adding "New Delhi would do well to quietly remind her from time to time to keep her authoritarian instincts in check."

The Times of India editorial said "it cannot be denied that Hasina remains a hugely popular and under her Bangladesh's economy has posted strong growth …and the country is poised to join the developing countries category by 2024."

It also said "Hasina and the Awami League have a secular vision for Bangladesh …Additionally, the Awami League dispensation has cracked down hard against Islamists and local terror cells. Plus, the ties between India and Bangladesh have soared under Hasina…"

Pointing out that "Hasina's return at the helm of Bangladesh should further aid New Delhi and Dhaka ties," the Times of India said "one of the issues the opposition campaigned on, justifiably, was the increasing authoritarian ways of the Awami League government. Hasina would do well to redress this quickly. Failing to do so would provide scope for the Islamists to stage a comeback."

The Hindu commented that the Awami League "set the agenda for the election and dominated the campaign. Still, the scale of the victory would have taken even her supporters by surprise."

However, it said "the government and the Election Commission could have held the election without being open to charges that it was manipulated" and asked the Election Commission to "conduct a fair investigation into allegations of rigging to restore faith in the poll process."

"There was a crackdown on the opposition in the run-up to polling day. Pro-opposition websites were taken down, thousands of activists were jailed, and political violence was unleashed to target BNP members. The situation was so grave that even one of the election commissioners said there was no level playing field. …Her otherwise impressive record has been marred by her government's authoritarian character.

"The (election) victory is a chance for Ms. Hasina to mend her ways, to be more inclusive and run a government that respects the rule of law, the basic rights of citizens and institutional freedom," The Hindu said.

It added that "For India, Ms. Hasina's victory is good news. New Delhi and Dhaka have deepened economic, security and strategic ties under her leadership. This should continue, no matter what the general election outcome in India in 2019."

The editorial in The Economic Times said the Hasina government's "strong arm measures that give the discredited opposition the chance to cry foul were eminently avoidable."

It said "the shrinking political presence of the Bangladesh Nationalist Party, which backs Islamists, will ensure that the country becomes far less hospitable to Islamists."

The newspaper said Sheikh Hasina's electoral victory "is important for New Delhi in the context of countering China's influence in the region. India must continue to partner Bangladesh in its economic growth, encouraging Indian companies to invest and working together in climate change, terrorism, migration and energy."

The Election Commission (EC) today sent a letter to the parliament secretary for taking necessary preparation to organise the oath-taking ceremony of the newly elected lawmakers of the 11th general election.

EC Secretary Helaluddin Ahmed said this while talking to reporters at the EC office today.

The MP-elect will take oath at the oathroom of the parliament at 11:00am tomorrow, sources at the Parliament Secretariat confirmed.

Yesterday, the commission published the gazette with details of 298 MPs with the EC’s approval.

According to the article 148 (2A) of the Constitution, the newly elected members of parliament will be obliged to take oath within three days after the publication of election results through official gazette, or else their memberships will cease to exit.

The new cabinet may take oath on Sunday.

In the December 30 parliamentary election, the AL-led Grand Alliance won 288 seats in the Jatiya Sangsad against the BNP-led Oikyafront's seven. 

Three independent candidates also became victorious.

The election in Brahmanbaria-2 was suspended as voting at three polling centres was suspended over violence. Polling in those centres will be held on January 9.

Polls in Gaibanda-3 were rescheduled for January 27 following the death of a candidate.