Speaker Shirin Sharmin Chaudhury resigned on Monday.
She submitted the resignation letter to the president, Mohammed Shahabuddin, and later a gazette was notified by the ministry of law in this regard.
The resignation of the speaker came after 27 days of the dissolution of the parliament a day after Sheikh Hasina resigned as prime minister and fled to India in the face of the student-people uprising on August 5.
Shirin Sharmin served as the speaker for three consecutive terms and she was elected lawmaker from Rangpur-6 parliamentary constituency with Awami League nomination.
According to the constitution, the speaker, however, remains in office even in the case of any vacancy of the office until his/her successor in elected and takes office.
The speaker or deputy speaker shall vacate his office if [s]he ceases to be a member of parliament, if [s]he becomes a minister, if the parliament passes a resolution supported by the votes of a majority of all the members thereof, requiring his/her removal from office; if [s]he resigns his/her office by writing under his/her hand delivered to the president, if after a general election another member enters upon that office, or in the case of the deputy speaker, if he enters upon the office of speaker, stipulates article 74(2) of the constitution.
The constitution also states that if the office of the speaker falls vacant the functions of the speaker will be performed by the deputy speaker or, if the office of the deputy speaker is also vacant, by such lawmaker as may be determined by or under the rules of procedure of parliament.
‘Notwithstanding the provisions of clause (2) [provisions of speaker’s office vacant] the speaker or, as the case may be, the deputy speaker, shall be deemed to continue to hold office until his successor has entered upon office,’ says article 74(6) of the constitution.
Constitution expert and Supreme Court lawyer Shahdeen Malik told ¶¶Òõ¾«Æ· that there was no instruction in the aftermath of such resignation of the speaker in the constitution.
‘This is the first incident of the speaker’s resignation. So some legal interpretation is needed and time is required for finding out the legal solution,’ he said.
Sushashoner Jonno Nagorik secretary Badiul Alam Majumdar said that it might create a scope for making a third person as president in case of a vacancy in the office of the president for resignation or any other reasons.
Shirin Sharmin did not appear in public since August 5 while she was rescued from the parliament building at night on the day, when Sheikh Hasina resigned as the prime minister and fled to India in the face of student-people uprising.
She did not receive her regular cell phone.
Besides, on August 27, Shirin Sharmin Chaudhury and 16 others were accused in a case filed for the murder of a goldsmith in Rangpur during the mass protests on July 19.
According to the case statement, on July 19, a clash broke out between students and Awami League leaders and activists during the protests in the City Bazaar area. The incident escalated when police opened fire indiscriminately under the orders of the accused.
Milon was hit by a bullet at that time and taken to Rangpur Medical College and Hospital, where doctors declared him dead.
Under pressure from the accused, the body was hurriedly buried without an autopsy, the plaintiff alleged in the case complaint.