Article 67 When an MP loses their seat
Vacation of seats of members
These rules tell constituents when their MP stops representing them and a by-election may follow. They also explain why a mass resignation or a long boycott can change the make-up of Parliament.
A newly elected MP must make the oath or affirmation in the Third Schedule within 90 days of Parliament's first meeting. If the member cannot, the Speaker may extend the period for good cause before it expires; otherwise the seat is vacated.
The Secretariat records attendance. If an MP stays away without the leave of Parliament for 90 consecutive sitting days, the seat is vacated. The count runs on sitting days, not calendar days, which is why long boycotts have rarely triggered it.
An MP who wants to leave writes a signed letter to the Speaker. The seat becomes vacant as soon as the Speaker receives it, or the Deputy Speaker if the Speaker's office is vacant or the Speaker cannot act.
Once a seat falls vacant for any reason other than dissolution, the Election Commission arranges a by-election for that constituency under the Constitution and electoral law. On dissolution, every seat is vacated together and a general election follows.
In plain English
How Article 67 works
Article 67 lists the ways a Member of Parliament loses a seat. An MP who does not take the oath within 90 days of Parliament's first meeting loses it, although the Speaker may extend that time for good cause. An MP who is absent without Parliament's leave for 90 consecutive sitting days also loses the seat. All seats fall vacant when Parliament is dissolved. A seat is also lost if the member becomes disqualified under Article 66 or falls within Article 70, which covers resigning from or voting against the party. An MP may resign by a signed letter to the Speaker, and the seat becomes vacant when the Speaker receives it.
In practice
The 90 sitting day rule has been debated since the 1990s, when opposition boycotts kept members away for long periods without crossing the threshold. Proposals to count calendar days instead have been aired in Parliament but not adopted. Clause (1)(c) operated on 6 August 2024, when the President dissolved the 12th Parliament and every seat fell vacant at once. Resignations under clause (2) take effect on receipt by the Speaker, so they cannot be withdrawn once delivered.
The text
What Article 67 says
67. (1) A member of Parliament shall vacate his seat –
(a) if fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe [* * *] the oath or affirmation prescribed for a member of Parliament in the Third Schedule:
Provided that the Speaker may, before the expiration of that period, for good cause extend it;
(b) if he is absent from Parliament, without the leave of Parliament, for ninety consecutive sitting days;
(c) upon a dissolution of Parliament;
(d) if he has incurred a disqualification under clause (2) of article 66; or
(e) in the circumstances specified in article 70.
(2) A member of Parliament may resign his seat by writing under his hand addressed to the Speaker, and the seat shall become vacant when the writing is received by the Speaker or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform his functions, by the Deputy Speaker.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
History
Amendments
- Fourth Amendment 1975Omitted the words "before Parliament" from clause (1)(a), so the oath need not be taken before the House itself.
Connected provisions
Related articles
Questions
Article 67: frequently asked questions
When does an MP lose their seat in Bangladesh?
Under Article 67, an MP vacates the seat by failing to take the oath within 90 days, by 90 consecutive sitting days of absence without leave, on dissolution of Parliament, on becoming disqualified under Article 66, under Article 70, or by resigning in writing to the Speaker.
Can an MP be removed for boycotting Parliament?
Only if the member is absent without the leave of Parliament for 90 consecutive sitting days. Because the rule counts sitting days rather than calendar days, members who return briefly before the count is reached keep their seats, which is why proposals to change the rule have been debated.
Sources
- Constitution of the People's Republic of Bangladesh, Article 67 (Laws of Bangladesh)
- The Daily Star: Limit scope of parliament boycott
- Bernama: Bangladesh President dissolves parliament (6 August 2024)
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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