Judge Chitabo has been hearing the case in which the UPND want the High Court to order that the Constitutional Court hears their petition that was thrown out last year.
But the UPND now have picked quarrels with judge Chitabo adding to their blacklist of judges after having rubbished adjudicators at the Constitutional Court as corrupt but still want the same body to re-open their case.
UPND president Hakainde Hichilema and his deputy Geoffrey Bwalya Mwamba have filed a motion for Chitabo to recuse himself in the matter.
The duo alleges that he has been biased in his overseeing the process of their right to be heard before the High Court.
Hichilema and Mwamba have petitioned the Court seeking an Order directing the Constitutional Court to hear the presidential petition.
Judge Chitabo adjourned the matter to today after being forced to put aside hearing of the preliminary matters.
The call for him to recuse himself adds to the scattered motions the UPND keep lumping before the court stalling progress on the main matter.
Hichilema and Mwamba are seeking an order that the manner in which the Constitutional Court construed the 14 days in Article 101 and 103 was ultra vires Article 18(9) of the Constitution.