Dhaka, Nov 24 (BDNEWS) –
"As per Article 70, he will not lose membership. His membership will retain," he told journalist in Parliament shortly after the expulsion.
"He (Hena's) would have lost his membership if he had voted against a party decision in Parliament or resigned from the party," the Speaker said referring to the Article 70 of the Constitution.
According to Article 70 (1) of the constitution, "A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party."
Article 70, Sircar said, does not say anything what will happen in case of expulsion of an MP from his party.
Former Speaker Advocate Abdul Hamid supported the observation of Speaker Sircar.
Earlier Major (retd) Akhtaruzzaman of BNP had lost his membership from seventh Parliament for joining the session defying the party decision.
In a legal battle, the Election Commission had cancelled his membership. The High Court retained the EC verdict.
Article 66 of the constitution empowers the EC to take a decision "If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final."
BDNEWS/2107 hrs
