With the latest, the hearing has been deferred for the third time. Over eight months after issuance of the rule, the High Court bench of Justice Awlad Ali and Justice Zinat Ara on February 28 fixed March 21 for hearing.

The same bench yesterday granted the time petition when Zainul Abedin, counsel for the CEC, sought a week more for filing an affidavit presenting CEC MA Aziz's reply to the High Court rule.

Earlier on March 21, Abdul Wadud Bhuiyan, counsel for Justice MA Aziz, sought one-week time for making the affidavit on the rule.

The matter was item number 58 on the cause-list of March 28 and was not heard. On March 29, Zainul Abedin successfully petitioned for an extension of the time limit for two days.

A High Court bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury on June 18 last year issued the rule upon MA Aziz and the government to show cause why Aziz's holding the offices of an Appellate Division judge and the CEC, both constitutional posts, should not be declared illegal.

Three Supreme Court lawyers--Ruhul Quddus Babu, Abdul Mannan Khan and Nazneen Nahar Dipu--filed the writ petition as public interest litigation.

The petitioners submitted that by taking oath of office as the CEC on May 23, 2005, Justice Aziz violated the oath he had sworn as a Supreme Court judge.