Parliament in dilemma over declaring slain MP Azim's seat vacant

The parliament is facing a predicament in declaring the seat of the murdered Member of Parliament from Jhenaidah 4 constituency, Anwarul Azim Anar, vacant, given that his body has not been located and positively identified yet.

Although investigators discovered parts of Azim's body in a septic tank at Sanjeeva Garden in Kolkata today (28 May), the remains have not yet been properly identified.

There is a complication in officially declaring Azim's seat vacant because the parliament secretariat has not received a formal notification of his death. Media reports alone are not enough, an official of the parliament secretariat told TBS today.

Azim, a three-time lawmaker, was murdered in India's Kolkata on 13 May. The assailants slashed his body into pieces and dumped them separately into a canal in Kolkata the next day, according to Detective Branch (DB) of Police.

According to the law, if a Member of Parliament dies or is absent from parliamentary meetings for 90 working days without permission, the Parliament Secretariat declares the seat vacant and publishes a gazette to inform the Election Commission. 

Under the Representation of the People Order (RPO), the Election Commission (EC) must then organise a by-election within 90 days of the vacancy.

"We cannot take any action before the parliament declares a seat vacant. Once the parliament informs us through an official letter, we will prepare to hold a by-election," said Ashok Kumar Debnath, additional secretary of the EC.

Although Azim's seat was not officially declared vacant, his details were removed from the parliament website on Monday and reinstated later that same day. 

As of 28 May night, while this report was being filed, Azim's details were listed on the parliament website at serial number 84, including his name, address, and picture.

The issue will be resolved before the third session of the 12th parliament begins on 5 June, said Speaker of the House Shirin Sharmin Chaudhury.

"We will have to wait a little longer because this incident is very unusual. We have no precedent and there is no guidance in the rules of procedure," she said.

"We need to receive his death certificate or official documentation. This decision cannot be based solely on social media or media reports," the speaker added.

Currently, a DB team, led by Additional Commissioner of Police Harun-or-Rashid, is in Kolkata as part of the investigation and to locate Azim's body parts.

Azim's body parts were found in a septic tank at Sanjeeva Garden in Kolkata, an official of the three-member DB team confirmed the news to TBS.

DB chief Harun-or-Rashid said they have got circumstantial evidence, and a further inspection would now take place into the sewage line which is connected to the duplex flat where the murder occurred, reports NDTV.