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The Constitution of the People‌‌‍’s Republic of Bangladesh

Time for holding elections
123. 1[(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:
 
 
 
 
Provided that if the term expires before the dissolution of the Parliament by members of which he was elected the election to fill the vacancy shall not be held until after the next general election of members of Parliament, but shall be held within thirty days after the first sitting of Parliament following such general election.
 
 
 
 
(2) In the case of a vacancy in the office of President occurring by reason of the death, resignation or removal of the President, an election to fill the vacancy shall be held within the period of ninety days after the occurrence of the vacancy.]
 
 
2[(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 3[:
 
 
 
 
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.]

  • 1
    Clauses (1) and (2) were substituted for clauses (1), (2), (2A) and (2B) by section 14 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)
  • 2
    Substituted for the former clause (3) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 37.
  • 3
    The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 14 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)
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