The writ challenging the legality of the oath taking for 11th parliament without dissolving the tenth parliament will be held on 31 January, ordered a joint bench of justices, Sheikh Hassan Arif and Razik-Al Jalil.
Time for hearing on behalf of the state was requested by Attorney General Mahbubey Alam.
A legal notice was given to the speaker, chief election commissioner and cabinet secretary on Jan 8, challenging the legality of the oath of new MPs.
The notice was given by BNP joint secretary general, barrister Mahbub Uddin Khokon.
The notice mentions the constitutional clause 123 (3), which state that parliament has to be dissolved before a new parliament is sworn in.
Since there wasn’t any response to the notice, barrister Mahbub Uddin lodged the writ in parliament on Jan 15.
However, the writ was dismissed on Jan 17 for some legal deficiencies, which were rectified and the writ lodged once more by barrister Mahbub Uddin on Jan 20.
