0According to this procedure, in 2006 a non party caretaker government was formed by the Dr. Prof. Iazuddin Ahmed. But due to extreme revolt against that caretaker government by the political parties, he was bound to resign from the post of chief advisor of caretaker government and declared state emergency, On 11 January 2007. (Popularly known as 1/11). On 12 January 2007 Faqruddin Ahmed had taken oath as the chief advisor of new caretaker government and he run his caretaker government till January 2009. 2.6 Some Specific violation of the Constitution during the proposed election of 2007 1. According to Art. 123(3) of the Bangladesh constitution “a general election of members of parliament shall beheld within ninety days after parliament is dissolve, weather by reason of the expiration of its term or otherwise than by reason of such expiration.” So, the duration of the caretaker government will be three months. But the duration of the last caretaker government was almost two years. So according to this context the last caretaker government had lost their validity. 2. According to Art. 141(c)16 “shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament. So the duration of the emergency period shall not more then one hundred twenty days. But the duration of the emergency period in Bangladesh was almost two years. So from this point of view the emergency period was also violative with the Constitution. 3. According to Art. 58D “The Non- Party Care-taker Government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the service of the Republic; and except in the case of necessity for the discharge of such functions it shall not make any policy decision” and (2) The Non- Party Care-taker Government shall give to the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially So, the caretaker government as per the Constitution can not take any policy making decision. But they have taken many policy making decision, among these decision some were declared illegal by High court division, such as – Muslim marriage and divorce ordinance (amendment-2008) relating to appointment of Kazi was declared illegal by the High Court Division. Contempt of courts ordinance-2008 was also declared invalid. In this writ petition the court said, “During the period of caretaker government the president is incompetent to declare any unnecessary ordinance except those which are related to election. According to
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Constitution of the People’s Republic of Bangladesh.