Advocates Ruhul Quddus, Abdul Mannan Khan and Nazneen Nahar Dipu filed a writ petition with the High Court asking for an explanation as to under what authority Justice Aziz claims to simultaneously hold the office of an Appellate Division judge as well as the office of the CEC.

The CEC, law secretary, Supreme Court registrar and the Election Commission have been made respondents to the petition.

A High Court division bench partly heard the petition yesterday and ordered the petitioners to gather from the Supreme Court registrar whether Aziz is still holding the office of an Appellate Division judge. The court also directed them to inform it of the findings when it resumes hearing Saturday.

The petitioners submitted that MA Aziz violated the terms of the oath of office he had taken on January 7, 2004 as a judge when he accepted the office of CEC by taking a different oath on May 23. So, he ceases to hold the office of a Supreme Court judge from May 23.

"... After taking oath as Chief Election Commissioner, respondent 1 (Aziz) has not been performing his constitutional duties as a judge of the Appellate Division for which he had solemnly taken oath under the Constitution," reads the petition.

"... On taking oath as CEC, Aziz cannot claim to be a judge under oath, and as such, his name cannot appear with other judges of the Supreme Court in official documents and publications of the Supreme Court of Bangladesh."

The petitioners further observed that Aziz's holding the office of CEC is also illegal and unconstitutional, as he disqualifies himself by holding another office. "...

Once a person holding high office under oath violates the same, he becomes unfit to hold another high office as he breaks his solemn pledge made to the people and the nation under the Constitution," said the petitioners.

Aziz would not be able to hold CEC's office even after his retirement since that office is not judicial or quasi-judicial. "... When a former judge cannot assume the office of Chief Election Commissioner on retirement, the question of a sitting judge (assuming the same office) does not arise," the petition reads.

The induction of Aziz into the office of the CEC is impairing seriously the independence of the judiciary and its separation, and the dignity of the Supreme Court inasmuch as it opened up opportunities for appointment of sitting or retired judges, which may serve as a temptation and create scopes for tampering with the judges' independence during the concluding period of their service, the petitioners noted.

Advocate MI Faruki assisted by advocates Saleem Ullah and MK Rahman moved for the petitioners, while Deputy Attorney General Zaman Akhter Bulbul moved for the state.