CEC to administer oath to newly elected MPs

Chief Election Commissioner AMM Nasir Uddin will administer the oath to the members of parliament elected in the 13th Jatiya Sangsad elections, Election Commission (EC) confirmed on Thursday.

Election Commissioner Abdur Rahmanel Masud told the media that under the current constitutional circumstances, the responsibility of administering the oath to the newly elected MPs rests with the Chief Election Commissioner.

He explained that the posts of Speaker and Deputy Speaker of the Jatiya Sangsad are effectively vacant, making it constitutionally permissible for the CEC to perform the duty under special provisions.

“Normally, the Speaker of the outgoing parliament administers the oath to the newly elected members. However, given the present reality, the Chief Election Commissioner can administer the oath,” Masud said.

Following the mass uprising of 24, Speaker of the National Assembly Shirin Sharmin Chaudhury resigned on September 2. Although Deputy Speaker Shamsul Haque Tuku has not formally resigned, he is currently in prison and unable to perform his duties.

Article 74(6) of the Constitution states that the previous Speaker or Deputy Speaker is deemed to continue in office until a new Speaker assumes office. However, Articles 148(1) and 148(2) provide that the oath is to be administered by the Speaker or a person authorised by him.

In the present situation, Article 148(2A) becomes applicable. It stipulates that if the Speaker or his nominee fails to administer the oath within three days of the publication of the Gazette, the Chief Election Commissioner may administer the oath within the following three days.

Additionally, under Schedule 3 of the Constitution, if both the Speaker and Deputy Speaker are unable to discharge their duties, the Chief Election Commissioner may administer the oath with the approval of the President.

EC sources said necessary preparations are underway to complete the oath-taking process in accordance with constitutional provisions.