Expelled Jamaat MP faces constitutional provisions

The expulsion of Satkhira-4 lawmaker Gazi Nazrul Islam from Bangladesh Jamaat-e-Islami over allegations of "moral misconduct" has sparked fresh constitutional debate over whether he can continue as a Member of Parliament under Article 70 of the Constitution.

Jamaat's decision to formally notify the Election Commission (EC) of the disciplinary action has shifted the issue beyond an internal party matter into a constitutional process that could ultimately determine the fate of the MP's parliamentary seat.

The decision was taken at an emergency meeting of the party's Central Executive Council, chaired by Jamaat Ameer Dr Shafiqur Rahman in Dhaka on Wednesday.

In a statement issued after the meeting, Jamaat said an internal investigation had found allegations of moral misconduct against Gazi Nazrul Islam to be substantiated. The party consequently expelled him under Article 62 of its constitution and decided to immediately inform the Election Commission.

Legal experts say the Constitution does not clearly state whether expulsion from a political party automatically results in the loss of parliamentary membership.

Article 70 provides that an MP elected as the nominee of a political party loses the seat if he or she resigns from that party or votes against it in Parliament. However, it does not explicitly mention expulsion from a political party as a ground for vacating a parliamentary seat.

Article 66(2) of the Constitution sets out the qualifications and disqualifications for Members of Parliament. Under that provision, an MP may lose eligibility if convicted of an offence involving moral turpitude and sentenced to at least two years' imprisonment. Since Gazi Nazrul Islam has not been convicted by any court, legal experts say Article 66 does not presently apply to his case.

Supreme Court lawyer Barrister Imran Ahmed told The Daily Observer that Article 70 has previously been interpreted to mean that when an MP loses membership of the nominating political party following disciplinary action, a constitutional question arises regarding continuation of parliamentary membership.

He referred to a landmark Supreme Court judgment from the 1980s, saying that once the nominating party informs the Election Commission that an elected representative has ceased to be its member, the constitutional process begins and the commission becomes the appropriate authority to examine the issue.

According to him, after receiving Jamaat's notification, the EC will review the matter in accordance with the Constitution before communicating its findings to the Speaker of Parliament.

Under the Members of Parliament (Dispute Settlement) Act, once the political party formally informs the Parliament Secretariat, the Speaker may refer the matter to the Chief Election Commissioner for determination.

The EC will then hold a hearing before reaching a decision. If the commission concludes that Gazi Nazrul Islam has lost his constitutional entitlement to remain an MP, his parliamentary seat could subsequently be declared vacant.

Alternatively, the seat would also fall vacant if the lawmaker voluntarily resigns from Parliament, after which a by-election would be held.

Election Commissioner Abdur Rahmanel Masud told The Daily Observer that the commission had not yet received any official communication from Jamaat.

"Once the letter is received, the Commission will examine the Constitution and relevant laws before taking any decision," he said.
Senior Assistant Secretary of the Election Commission Delwar Hossain also said the commission was aware of the development through media reports but had not yet received the official documents.

"Once we receive the relevant documents, the Election Commissioners will take a decision in accordance with the law," he said.

Parliament Secretary Barrister Md Golam Sarwar Bhuiyan said no formal communication had yet been received from Jamaat.

"As this is a constitutional matter, the next course of action will be determined after receiving the official letter," he told The Daily Observer.

Constitutional expert and senior lawyer Shahdeen Malik said the Constitution clearly mentions only resignation from the political party and voting against the party in Parliament as grounds under Article 70.

"Expulsion from a political party is not expressly mentioned. An MP loses eligibility under Article 66 only after being convicted of an offence involving moral turpitude and receiving at least a two-year prison sentence. That situation does not exist in this case," he said.

He also noted that there remains legal ambiguity regarding what constitutes an offence involving moral turpitude, as neither the Constitution nor judicial precedent provides a comprehensive definition.

The issue has revived comparisons with several previous cases.

Former Awami League minister Abdul Latif Siddique was expelled from the ruling party in 2014 after controversial remarks. The Awami League subsequently sought cancellation of his parliamentary membership, and the matter was referred by the Speaker to the Election Commission for consideration.

Former Election Commissioner M Sakhawat Hossain had said at the time that Article 70 becomes relevant once an MP elected on a party nomination is expelled, requiring the EC to determine the member's constitutional status.

However, the legal precedent has not been consistent. During the Eighth Parliament, then Speaker Jamir Uddin Sircar ruled that expulsion from a political party alone did not automatically vacate a parliamentary seat, allowing BNP lawmaker Abu Hena to retain his membership despite being expelled from his party.

Legal analysts therefore believe Gazi Nazrul Islam's case could become one of the most significant constitutional tests of Article 70 in recent years.

The controversy began after a private video allegedly showing Gazi Nazrul Islam with a young woman circulated widely on social media.

The MP denied any wrongdoing, claiming the woman is his legally married second wife. He alleged that the video had been secretly recorded and circulated as part of an extortion attempt and a politically motivated conspiracy.

Following an internal inquiry, Jamaat concluded that allegations of moral misconduct had been established and expelled him from the party. The party also decided to formally notify the EC, leaving the constitutional authorities to determine whether the disciplinary action will have any effect on his parliamentary membership.

At present, officials of both the EC and the Parliament Secretariat say no formal action can begin until Jamaat submits its official notification. Until then, Gazi Nazrul Islam continues to serve as a Member of Parliament, while the constitutional question surrounding his seat remains unresolved.