What will happen to Gazi Nazrul’s MP seat?
Gazi Nazrul Islam attends a meeting with party leaders
The status of the parliamentary seat of Jamaat leader and Satkhira 4 lawmaker Gazi Nazrul Islam has become the subject of nationwide debate following the circulation of an objectionable video involving him.
Several videos that went viral after midnight Tuesday have been widely shared over the past two days. In response, Jamaat expelled him from the party on Wednesday.
The question now is what will happen to Gazi Nazrul’s seat in Parliament.
What Does the Constitution Say?
Whenever a lawmaker is accused of unethical conduct, questions usually arise over whether the person can retain parliamentary membership.
Speaking to journalists, Supreme Court lawyer Barrister Mostafa Shaker Ullah said, “There is no provision under the Constitution that automatically cancels the membership of a Member of Parliament simply because a video of an incident goes viral, a moral controversy arises, criticism spreads on social media, or allegations are made. There is no article in the Constitution under which membership is directly terminated solely on the basis of allegations or moral criticism.”
However, under Article 70 of the Constitution, a parliamentary seat becomes vacant only if a member voluntarily resigns from the political party under whose nomination he or she was elected, or votes against the party’s decision in Parliament.
Barrister Mostafa Shaker Ullah said, “If a political party expels a member or takes organizational action against him, there is no scope under Article 70 for the parliamentary seat to be automatically canceled.”
He added, “However, if he is convicted in a criminal case in such a way that he becomes disqualified from being a Member of Parliament under Article 66 of the Constitution and the relevant laws, the matter will then be resolved through the constitutional process. If the question of the seat becoming vacant arises, the issue will go to the President under Article 67(2) of the Constitution, and the President will make a decision after obtaining the opinion of the Election Commission.”
In this case, Gazi Nazrul Islam’s parliamentary seat is not automatically at risk under the law or the Constitution. Even if the party takes strict organizational action against him, including expulsion, that alone will not cancel his parliamentary membership. However, if he resigns from the party himself under Article 70 of the Constitution, or if a legal situation later arises that disqualifies him from serving as a Member of Parliament under Article 66 of the Constitution and the applicable laws, the question of his parliamentary membership will be resolved through the constitutional process, Barrister Shaker said.
In a Facebook post, Supreme Court Senior Lawyer Shishir Monir said, “Article 70 of the Constitution refers to ‘resignation.’ He has been ‘expelled.’ Jamaat is informing the Election Commission today. The reason is ‘moral misconduct.’ The question is whether he can remain a Member of Parliament. In my opinion, no.”
What Do Previous Precedents Show?
Former Awami League lawmaker Latif Siddique lost his parliamentary seat after being expelled from the party.
On the other hand, in the Ninth Parliament, Jatiya Party lawmaker HM Golam Reza of Satkhira 4 remained a Member of Parliament despite being expelled from the party because the necessary formal procedures were not completed before the Speaker.
