Advocate Khondker Mahbubuddin Ahmed, also a ruling BNP lawmaker, yesterday moved the application at the Court of Chamber Judge Amirul Kabir Chowdhury who fixed the date for hearing.

On January 4, the High Court (HC) made a five-point observation asking the EC to revise the existing voter list. The court's observations came in response to two writ petitions challenging the EC's preparation of a fresh electoral roll.

Awami League lawmakers Abdul Jalil, Rahmat Ali and Asaduzzaman Noor had filed the writ petitions with the HC, questioning the validity of the chief election commissioner's (CEC) "unilateral" decision to have a new roll.

Barrister Amir-Ul Islam and Rokanuddin Mahmud, the counsels for the writ petitioners, yesterday opposed the EC's prayer at the Chamber Judge's Court.

Amir observed that a Chamber Judge's Court usually does not allow a hearing on Thursday, but Judge Amirul Kabir Chowdhury yesterday sat just to hear this particular prayer.

He argued that had the prayer been filed by anyone of the ordinary people, he [the judge] would not have entertained it. Therefore, he cannot allow this hearing to take place today and fix a date for further hearing.

Mentioning CEC MA Aziz's holding two constitutional posts, one as a CEC and the other one as a judge of the Supreme Court's Appellate Division, he said, "One cannot hold two such posts."

Amir said since Aziz is a member of the Appellate Division, justice cannot be expected from the court in a case dealing with him as the CEC. There would obviously be a conflict of interest.

"If he [CEC] has to be a litigant [in the Appellate Division], he must give up one of the two posts," he pointed out.

He said the HC directives were issued on January 4 and since then there has not been any stay order on those. Yet the CEC did not bother to conform to the directives. "Without complying with the court's order, he cannot appeal against it. If he must, he should first comply with the order," he said.

Referring to Khondker Mahbubuddin Ahmed, Barrister Rokanuddin said he just cannot walk in and make the chamber judge sit for an unscheduled hearing.