Experts differ on implications as EC prepares to examine the case
The expulsion of Satkhira-4 MP Gazi Nazrul Islam from the Jamaat-e-Islami has raised questions about whether his parliamentary membership will be revoked.
Jamaat announced the decision after video clips involving the MP and a young woman -- one showing them in an intimate setting -- circulated on social media since Monday night, sparking nationwide reactions.
Parliamentary affairs experts told Media that expulsion from a party does not automatically mean a parliamentary seat becomes vacant.
Former Chittagong University Professor Nizam Ahmed, a leading researcher on parliamentary affairs, explained that Gazi Nazrul’s membership in the parliament would continue, but as an independent MP.
He pointed to Article 70 of the constitution, which states that a person elected as a member of parliament on a party nomination must vacate their seat if they resign from that party or vote against it in the parliament.
Asked about Jamaat’s investigation that found evidence of “moral misconduct,” Nizam Ahmed referred to Article 66(1)(d).
It specifies that if someone is convicted of a criminal offence involving moral turpitude and sentenced to at least two years’ imprisonment, they are disqualified from contesting elections -- unless five years have passed since their release.
“So, membership of a person would go only after sentencing by a court,” he added.
Article 66(4) further states that if any dispute arises over whether a member of parliament has become subject to disqualification, or whether they should vacate their seat under Article 70, the matter must be referred to the Election Commission (EC). The commission’s decision in such cases is final.
Deputy Speaker Kayser Kamal, when contacted, referred to Parliament Secretariat Secretary Golam Sorwar Bhuiyan.
Bhuiyan said that as of 7:00pm, the parliament had not received any communication from Jamaat regarding the expulsion. “The parliament will scrutinise the matter only after receiving a letter from Jamaat,” he noted.
In its statement, Jamaat said the party had decided to immediately inform the Election Commission about Gazi Nazrul’s expulsion.
Pabna-1 Jamaat MP and Parliamentary Party Spokesperson Nazibur Rahman Momen reiterated that the EC must be notified. He cited Article 66(2)(g), which states that if someone is disqualified under any law, they cannot remain a member of parliament.
Momen also referred to the Representation of the People Order (RPO), 1972, which disqualifies a person from election or membership if they are not nominated by a registered political party or are not an independent candidate.
“Since he [Gazi Nazrul] was a member of the party and has been expelled, under the RPO it can be said that his membership has been suspended. We have notified the EC that he no longer holds membership. Now, according to the RPO, the EC will take necessary steps,” he said.
Election Commissioner Abdur Rahmanel Masud confirmed that the commission would review the matter after receiving Jamaat’s letter.
Jahangirnagar University Government and Politics Professor KM Mahiuddin said Article 70 would not apply in Gazi Nazrul’s case. He said if any lawmaker raises the issue in the parliament, a parliamentary probe committee could be formed to investigate.