Article 123 When elections must be held
Time for holding elections
Fixed deadlines stop any government from postponing elections indefinitely. For citizens and investors they set out a predictable electoral calendar.
In force. Parliament was dissolved in August 2024 and the next general election was held on 12 February 2026, well beyond the 90 days in clause (3)(b); the interim arrangement rested on an Appellate Division advisory opinion of 8 August 2024 under Article 106, not on this Article.
A Parliament sits for five years from its first meeting unless dissolved sooner. As the end of the term approaches, Article 123(3)(a) requires the general election to be held within the ninety days before the dissolution, so that a new house is ready when the old one ends.
The Election Commission fixes the dates for nomination, scrutiny, withdrawal and polling within the constitutional window. If Parliament has instead been dissolved early, for example on the Prime Minister's advice, the ninety days run from the date of dissolution under clause (3)(b).
Under the proviso to clause (3), MPs elected while an expiring Parliament still exists do not take office until its term actually expires. This prevents two Parliaments from existing at the same time and fixes a clear handover date between them.
If an MP dies or resigns, a by-election must be held within ninety days. If the Chief Election Commissioner considers an act of God, such as a flood, makes this impossible, another ninety days are allowed.
In plain English
How Article 123 works
Article 123 sets the deadlines for elections. A presidential election must be held within a fixed window before the President's term ends, or within ninety days of a vacancy caused by death, resignation or removal. For Parliament, if it is ending because its five-year term has run out, the general election is held in the ninety days before dissolution. If Parliament is dissolved early, the election must be held within ninety days after dissolution. A vacant seat must be filled by a by-election within ninety days, with a further ninety days allowed in the case of an act of God.
In practice
Clause (3) was rewritten by the Fifteenth Amendment in 2011 so that elections are held while the outgoing Parliament still exists. That arrangement was criticised once the caretaker system was abolished, and the High Court in December 2024, upheld by the Appellate Division in July 2026, restored the caretaker provisions, as reported, though the Appellate Division's November 2025 review judgment says they apply from the 14th parliamentary election. The Twelfth Parliament was dissolved in August 2024, and the 13th election took place on 12 February 2026. The interim government relied on the Appellate Division's August 2024 advisory opinion under Article 106 rather than the ninety-day rule.
The text
What Article 123 says
123. [(1) In the case of a vacancy in the office of President occurring by reason of the expiration of his term of office an election to fill the vacancy shall be held within the period of ninety to sixty days prior to the date of expiration of the term:
...
[(3) A general election of the members of Parliament shall be held-
(a) in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution ; and
(b) in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution :
Provided that the persons elected at a general election under sub-clause (a) shall not assume office as members of Parliament except after the expiration of the term referred to therein.]
(4) An election to fill the seat of a member of Parliament which falls vacant otherwise than by reason of the dissolution of Parliament shall be held within ninety days of the occurrence of the vacancy [:
Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period.]
Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2024
Special Reference No 1 of 2024 (Article 106 opinion)
On 8 August 2024 the Appellate Division gave its advisory opinion to the President supporting the formation of an interim government after Parliament was dissolved; the High Court later dismissed a writ challenging that government.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fourth Amendment 1975 →Amended, as listed by Banglapedia; the detailed wording could not be checked against the Act text.
- Twelfth Amendment 1991 →Substituted clauses (1) and (2) on presidential elections and added the act of God proviso to clause (4).
- Thirteenth Amendment 1996 →Substituted clause (3) so that a general election was held within ninety days after Parliament was dissolved, whether by expiry of its term or otherwise (section 6). Clause (3) was substituted again by section 37 of the Fifteenth Amendment.
- Fifteenth Amendment 2011 →Substituted clause (3), so that general elections are held in the ninety days before an expiring Parliament is dissolved.
Connected provisions
Related articles
Questions
Article 123: frequently asked questions
Within how many days must an election be held after Parliament is dissolved?
If Parliament is dissolved before its term ends, Article 123(3)(b) requires a general election within ninety days after dissolution. If it is dissolved because its term has expired, the election is held in the ninety days before that dissolution.
Why was the 2026 election held more than 90 days after dissolution?
Parliament was dissolved in August 2024 after the fall of the previous government. The interim government took office on the basis of an Appellate Division advisory opinion of 8 August 2024 under Article 106, and the election was held on 12 February 2026 after a reform process.
What is the deadline for a by-election in Bangladesh?
A vacant seat must be filled within ninety days of the vacancy. If the Chief Election Commissioner believes an act of God prevents it, the election must be held within the following ninety days.
Sources
- Laws of Bangladesh: Article 123, Time for holding elections
- Dhaka Tribune: High Court says interim government backed by legal basis (February 2025)
- Prothom Alo English: HC verdict on the Fifteenth Amendment (17 December 2024)
- Dhaka Tribune: SC clears way for caretaker government provisions (9 July 2026)
- Bonik Barta English: Supreme Court restores caretaker government system (20 November 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
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