The guidelines came when a division bench disposed of two writ petitions challenging the chief election commissioner's 'unilateral decision' to make a fresh voter list ignoring the two other election commissioners' suggestion for updating the present list.

After four days' hearing of the petitions filed by three Awami League lawmakers, the court gave the directive making some observations on the activities of the EC and the preparation of the electoral roll, which began across the country on January 1.

Legal experts think the EC should comply with the HC observations and make a new voter list updating the existing one prepared in 2000.

The HC observations include incorporating the names of people aged 18 or above in the new electoral roll and excluding the names of dead and insane voters from the existing list.

Asked by reporters who were not allowed to enter the courtroom, the lawyers said the court has observed that the constitutional provisions entrusted the task of preparing the voter list solely to the EC and it is the EC, which will have to discharge the responsibilities as per the provisions of the Constitution and relevant laws.

The court also observed it is expected that the Election Commission members, including the CEC, will take any decision through meetings and discussions, not by exchanging notes.

Difference of opinion is not unprecedented or unexpected and there is specific way of expressing difference of views. It was not proper for the election commissioners to express their difference of opinion through notes and interviews with the media, it said.

The court said a fair voter list is the prerequisite of a free and fair election and if any confusion is created in public mind in this regard, the EC will be considered to have failed in discharging its constitutional duties.

The EC will discharge the responsibility of making a voter list without entertaining the demands of any particular political party or parties, it observed.

The court also observed that the right of a voter does not depend on an enumerator's going to his house. A citizen can still be a voter if he fails to be present when the enumerator visits his house. So the EC will have to ensure that the absentee voters are not excluded from the list.

Petitioners' counsel Dr Kamal Hossain submitted before the court that updating the voter list for general elections is a continuous process being practised for long.

"The voter lists were updated through correction and revision from 1982 to 1995 as per unanimous decisions of the election commissioners. The court can make some guidelines for the EC regarding preparation of the voter list," he said.

About the court's observations, he told reporters that the CEC cannot take a decision unilaterally to prepare a voter list. He can take such a decision after discussing it with other members of the commission.

Barrister Amir-Ul Islam, another counsel of the petitioners, submitted that the court's interference in the preparation of the voter list by the EC is inevitable for holding the next general elections smoothly.

Explaining the court observations, he said the existing voter list will be the major basis and it can be revised through inclusions and exclusions.

"Vigilance of people and the media is necessary to ensure proper compliance of the High Court guidelines," he told newsmen.

Counsel for the CEC, advocate Khondker Mahbubuddin Ahmed told reporters that the work on making a fresh voter list that started on January 1 will continue but it will have to be made in the light of the existing one prepared in 2000.

Criticising the petitioners' counsels for their celebration after disposal of the petitions, he said: "It seems from their excitement that the court has issued a rule or an injunction on EC's voter list move. But the court has disposed of the petitions merely making a few remarks."

AL General Secretary Abdul Jalil filed one petition while his party lawmakers Rahmat Ali and Asaduzzaman Noor filed the other on December 12 last year. Hearing of the petitions was first held on December 15 and resumed on January 2.

Attorney General AJ Mohammad Ali was present in the court for the government while Barrister Tanjib Ul Alam assisted Dr Kamal and Dr Shirin Sharmin Chowdhury and barristers Moyeen Firoji, Shamsul Hasan and Maniruzzaman Asad assisted Amir-Ul Islam.