The expulsion of MP Gazi Nazrul Islam from Bangladesh Jamaat-e-Islami over a video controversy has raised questions about whether he will retain his parliamentary seat.
The party will inform the Election Commission of the expulsion, according to Jamaat Central Publicity and Media Secretary Ehsanul Mahbub Zubayer.
The decision was taken at an emergency meeting of the party’s Central Executive Council on Wednesday.
The issue has prompted discussion over whether an MP elected with a party nomination automatically loses parliamentary membership after being expelled from the party.
Article 70 of the Constitution deals with circumstances in which a parliamentary seat becomes vacant. It states that if a person elected as a member of Parliament after being nominated by a political party resigns from that party or votes in Parliament against the party, the seat becomes vacant.
However, the article does not mention the expulsion of an MP from a political party as a ground for the seat becoming vacant.
Legal experts said expulsion from a party or other organisational action would not automatically cancel an MP’s membership of Parliament under Article 70.
However, if he is convicted in a criminal case and becomes disqualified from remaining an MP under Article 66 of the Constitution and relevant laws, the matter would be resolved through the constitutional process.
Nurul Islam, MP for Barguna-2 and Chief Whip of the 13th Jatiya Sangsad, said an MP does not lose their parliamentary seat simply by being removed from a party position or expelled from the political party under the current constitutional provisions.
“Under Article 70 of the Constitution, the seat becomes vacant only if the member resigns from the political party or if any other condition specified in the article is met,” he said.
“If an MP resigns from the political party, their parliamentary seat will become vacant. The matter will then proceed in accordance with the constitutional process. The Election Commission will notify the Speaker, who will announce the vacancy in Parliament. If required, the Election Commission will take the necessary steps to hold a by-election,” he said.
“Alternatively, if an MP submits a resignation from Parliament directly to the Speaker, a separate constitutional procedure applies. Merely submitting a written resignation is not enough for it to take immediate effect. The Speaker must be satisfied that the resignation is voluntary and genuine before declaring the seat vacant and completing the required legal formalities,” he added.
EC Secretariat Senior Secretary Akhter Ahmed told the Daily Sun that the commission would decide on the matter after receiving written documents from the concerned party.
